Estate Administration

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TRUST REPORTING: NEW REQUIREMENTS COMING SOON!

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Under the current rules, a trust only needs to file an annual tax return but generally does not need to file the return if it does not earn an income or make any distributions in the year. (Notwithstanding that the Canada Revenue Agency has increased its demand for “nil returns” to be filed under certain circumstances). Further, there is currently no requirement for the trust to report the specific identity….

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Canada Revenue Agency, Estate Administration, Estate Planning, In the News, Tax Issues, Trustee, Trusts, Uncategorized, United States

Frida Kahlo’s Barbie – Life in Plastic, Not so Fantastic

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This Blog was written by: Peter Meitanis Here’s a question you never thought you would read in an estates blog: Where’s the unibrow? Last month, Mattel, the maker of Barbie introduced a group of new dolls based on real-life figures to celebrate International Women’s Day. The collection features inspiring women past and present, including Frida Kahlo, the Mexican artist famous for her self-portraits and works inspired by the nature and….

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Estate Administration, Uncategorized

Executors Remuneration

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Occasionally, I (like many of fellow bloggers for sure) get asked – what is appropriate remuneration for an executor or executrix to administer an estate – often in circumstances where remuneration is not specified or even referred in the deceased’s will or otherwise. Bottom line, what are the guidelines and how much is enough? A recent court case in the Supreme Court of British Columbia Le Gallais Estate (re) 2108….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Passing Of Trustees’ and Executors’ Accounts, Trustee Compensation, Uncategorized, Wills

The Show Must Go On?

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Written by: Natalie Bender   A couple of weeks ago, I posted a blog about Harper Lee’s estate. You may recall that the author of ‘To Kill a Mockingbird’ passed away in 2016, and that the New York Times recently filed a motion to remove the Sealing Order on Probate as a matter of public interest. Harper Lee’s estate has made the news again. A Broadway play based on her….

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Estate Administration, In the News, Uncategorized

SPOUSAL SUPPORT AND BEYOND?

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I was traipsing thru some estate journals and articles recently and I stumbled upon the reporting of a recent matrimonial case which gave me pause, and to many practitioners in estate and matrimonial matters, I am sure. Practitioners have long held the view that entitlement to spousal support under most matrimonial settlements do not survive the death of the spouse receiving the support.  As one Justice noted in a recent….

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Contracts, Estate Administration, Estate Litigation, Estate Planning, Executors, In the News, Separation, Spouse, Uncategorized

Court Set Asides a Release and Orders a Passing of Accounts

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An estate trustee may decide to forego passing their accounts because of the associated costs and seek a release from the estate’s beneficiaries instead. However, when the capacity of a beneficiary is in question, a  release may be set aside. In Foisey v. Green, the Public Guardian and Trustee (“PGT”) as litigation guardian for Ms. Foisey sought to set aside a release she signed three months before she was found….

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Capacity Law, Estate Administration, Estate Litigation, Passing Of Trustees’ and Executors’ Accounts
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