Total 502 Posts
Failure to follow a court order can result in imprisonment, even if this is a first finding of contempt of court…..
Cat and Mouse with the Court is A Dangerous Game Continue Reading »
Estate AdministrationMuch has been written about probate fee avoidance. Can you with a power of attorney engage in probate fee avoidance on behalf of a testator whose estate may be subject to probate fees?
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AVOIDING PROBATE FEES WITH A POWER OF ATTORNEY? Continue Reading »
Capacity Law, Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Executors, Guardianship, Joint Tenancy, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Probate Tax, Property, WillsAs someone who counsels executors and administrators I’ve always been comfortable advising that when applying to probate the will or obtain a certificate of appointment of estate trustee without a will they are required to swear an affidavit attesting to the values of the assets caught on their application and that the values used ought to be based on sound back-up assessments. Those values then form the basis upon which estate administration (probate) taxes are required to be paid to the Minister of Finance. Recently, however, some uncertainty has been thrown into the mix. ….
(Un)Certainty with Probate Taxes Continue Reading »
Estate Administration, Estate Administration and Probate Applications, Probate TaxA short while ago, I decided to divest myself of some comic books I’d been holding onto for many, many years. A quick search on Kijiji led me to a local potential buyer. He offered a modest payment which I accepted.
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Estate Planning and Archie Andrews Continue Reading »
Estate Administration, Estate Planning, ExecutorsIn previous blogs I’ve talked about why you should have a Will. Now it’s time to discuss what limitations are imposed on you when leaving your estate. In general, you are free to leave your assets to whomever you want. This is called “freedom of testamentary disposition”. However, for certain policy reasons, the law does impose some restraints on you. To avoid costly disputes after you are gone, it’s important that these legal limitations be addressed…..
Are you free to do what you want when you die? Continue Reading »
Estate Administration, Estate PlanningTumbling stock markets always stir up anxieties. This is certainly true for charities that depend on donations, as well as for the donors who give to them. One type of donation that is remarkably unaffected by market roil is the bequest.
Canada is seeing a steady, long-term increase in charitable bequests because of a combination of societal factors. These factors include the aging of society, greater concentration of wealth, smaller and non-traditional families, increased profile of philanthropy, and generous tax incentives for gifts of assets. Over the last 20 years, an environment has been created where more Canadians are feeling comfortable with devoting a significant portion of their net worth to charity. ….
Charitable bequests and stock market turmoil Continue Reading »
Estate Administration, Estate Planning, Philanthropy/Charitable Giving