Total 414 Posts
Whether testamentary autonomy is a constitutionally protected right has not been considered by the courts … until now…..
Testamentary Freedom – A Fundamental Right? Continue Reading »
Dependant Support, Estate Litigation, Estate Planning, Succession Planning, WillsThis blog was written by Lara Besharat In August 2018, renowned singer Aretha Franklin died of pancreatic cancer in her home in Detroit, leaving behind an illustrious musical legacy, a strong history of civil rights activism, four children, and an estimated $80-million-dollar fortune. One thing she didn’t leave behind, however, was a will. Or so we thought. For months, it was believed that the Queen of Soul died intestate, going….
You Better Think (Think)…About the Estate Planning Process Continue Reading »
Contested wills, Estate Administration, Estate Litigation, Family Conflict, In the News, Wills
On June 18, 2018, Justice Dunphy made ex parte orders sealing the court files relating to the Sherman Estates. On catching wind of the sealing orders, the Toronto Star, and one of its reporters, Kevin Donovan, brought a motion to terminate the sealing orders. They succeeded on appeal…..
Sealing One’s Fate: The Sherman Murders, Probate and Perseverance Continue Reading »
Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, In the News, WillsThis Blog was written by: Alicia Godin, Estate and Trust Consultant, Scotiatrust Historically the area of estates was not particularly litigious, but as families and financial circumstances become more complex, litigation involving estates has become more frequent. Frequently touted, but notoriously difficult to prove, is the allegation of someone being unduly influenced in making their Will. A client of mine (let’s call him Derek) passed away leaving behind his (younger)….
Undue Influence in Estate Planning Continue Reading »
Capacity Law, Estate Litigation, Uncategorized, Undue influence
A “passing of accounts” refers to the process of formally preparing and presenting accounts to the beneficiaries and the court. The accounts are either approved (i.e., “passed”) in the form presented, amended by court order and passed in revised form, or not passed because the court is not satisfied with the accounts or some aspect of the administration of the estate or property being managed by a fiduciary. Pursuant to….
It Ain’t Over Til It’s Over* Continue Reading »
Capacity Law, Caregiving, Costs, Elder Care, Elder Law, Estate Litigation, Executors, Family Conflict, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Trustee, Trustee DisputesI have been writing about valuations for estate plan agreements, highlighting that they should be based on fair and reasonable methods, prepared in good faith, properly supported and documented at the time of valuation. In Lewin v. the Queen 2019 TCC 21, The Lewin Estate was appealing a significant tax reassessment of the deceased’s terminal return issued some five years after the original assessment. The issue to be decided is….
Significant Tax Re-Assessment Due to An Estate Valuation Gone Wrong Continue Reading »
Canada Revenue Agency, Estate Administration, Estate Litigation, Executors, Investments, Tax Issues, Trustee, Uncategorized