Total 411 Posts
The senate has passed Bill C-7, which introduces changes to Canada’s Criminal Code provisions regulating MAID. The changes will create a new, two-track system for applying for MAID…..
MAID Update – Bill C-7 Continue Reading »
Capacity Law, Caregiving, Courts, Disability, Elder Care, Elder Law, Estate Litigation, Family Conflict, Fiduciary Professions, Geriatric Care Management, Healthcare, Medical Assistance in Dying
Practitioners and clients alike have come to realize that there can be numerous legal challenges to administering a testator’s digital assets, including, among them, ambiguous or restrictive privacy legislation. For most Canadian provinces,[1] the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) does not appear to grant executors, trustees, or personal representatives any powers or capabilities with respect to the disclosure of a testator’s personal information. However, in November 2020,….
New Privacy Legislation Aims to Address Digital Assets in Estate Administration Continue Reading »
Contracts, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, In the News, Power of Attorney, Property
I previously blogged about the case of Gefen v. Gaertner where the Court of Appeal quashed an appeal regarding an estate trustee during litigation (ETDL) and punted the matter to the Divisional Court. Now this estate has generated another appeal regarding the ETDL – this time properly brought before the Divisional Court – which dealt with whether an ETDL’s role continued after a judgment is appealed. In Gefen v. Gefen,….
An ETDL will continue to act until all appeals exhausted Continue Reading »
Courts, Estate Litigation, Executors
Today’s blog is being brought to you by our guest blogger, Anna Chen The court may remove an executor/estate trustee under its inherent jurisdiction or under section 37 of the Trustee Act.[1] In either case, the test to remove an executor/estate trustee is stringent, as the court will not lightly interfere with a testator’s choice of executor/estate trustee. When the court is asked to remove an executor/estate trustee, it will….
Removal of Executor/Estate Trustee for Perceived Conflict of Interest Continue Reading »
Estate Administration, Estate Litigation, Executors, Trustee, Trustee Disputes, Wills
Acting as an estate trustee can be a difficult job. It is often made more difficult when you have to work with a sibling. While the types of disputes co-estate trustees can have with one another are seemingly infinite, one common fight is over valuing an estate asset. Valuing estate assets properly is important – it may impact estate tax, the deceased’s personal taxes, and the sale price of the….
Valuing Estate Assets – A Hierarchy of Evidence Continue Reading »
Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Probate Tax, Property, Real Estate, Tax Issues, Trustee, Trustee DisputesThis Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management In December this author wrote about the common law forfeiture laws, colloquially known as “Slayer Law”, which precludes an individual from deriving a benefit from their own “morally culpable conduct.” In the context of the testator-beneficiary relationship, a beneficiary who is found to have caused the unlawful death of a testator will be deemed at common law….
The Slayer Law in Canada Part II: Beneficiaries Gone Bad Continue Reading »
Estate Litigation, In the News