Total 416 Posts
Due to the COVID-19 pandemic, the court has issued new practice directions to keep the profession and the public safe…..
COVID-19: New Practice Directions Continue Reading »
Courts, Estate Litigation, In the News, Practice Management
This is the third and final entry in a three-part blog series about the current state of estates law vis-à-vis privacy law. Part I focused on the relevant federal and provincial privacy legislation. Part II examined significant court decisions relating to this area. Part III will look at solutions for lawyers to help their clients manage their estate planning to be compliant with privacy law requirements. The previous two entries….
Estates Law and Privacy Law: An Incomplete Intersection (Part III) Continue Reading »
Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Property
Leaving aside other means of severance, including that which occurs on bankruptcy or by judicial sale, there are three main ways to sever a joint tenancy: Unilaterally acting on one’s own share, such as selling or encumbering it; A mutual agreement between the co-owners to sever the joint tenancy; and Any course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in….
Actions Have Consequences – They May Sever Joint Tenancy Continue Reading »
Estate Administration, Estate Litigation, Estate Planning, Executors, Family Conflict, Joint Tenancy, Property, Real Estate, SpouseAn executor, as the legal representative of the estate, is required to obtain a clearance certificate before distributing property that they control. Where the executor fails to obtain a clearance certificate, they are liable for any unpaid amounts in respect of any property distributed. Some will argue that not every estate needs a tax clearance certificate, but a recent court case highlights the kind of trouble an executor can get….
Clearance Certificates Continue Reading »
Canada Revenue Agency, Estate Litigation, Executors, Passing Of Trustees’ and Executors’ Accounts, Tax Issues, Uncategorized, Wills
This is the second entry in a three-part blog series about the current state of estates law vis-à-vis privacy law. Part I focused on the relevant federal and provincial privacy legislation. Part II will examine significant court decisions relating to this area. Part III will look at solutions for lawyers to help their clients manage their estate planning to be compliant with privacy law requirements. The previous entry in this….
Estates Law and Privacy Law: An Incomplete Intersection (Part II) Continue Reading »
Estate Administration, Estate Litigation, Estate Planning, Executors, Succession Planning, Trustee, Uncategorized, United States, WillsRegistered accounts are often set up as express trust accounts, with the bank acting as trustee and the account holder as beneficiary. In these cases, banks are subject to all the same fiduciary duties and responsibilities that apply to all trustees – meaning they cannot charge hidden fees…..
Hidden Fees – A Breach of Trust Continue Reading »
Compensation, Contracts, Estate Litigation, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Compensation, Trusts