Estate Litigation

Total 416 Posts

A Gift or not a Gift? That is the Question

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Many people transfer assets to an adult child, but they often do not clearly express why they have done so. The transfer may be meant as a gift, a way of avoiding probate fees, or to simply allow access to a bank account so that their child may help manage their finances. Unfortunately, or fortunately (as the case may be), if a parent transfers an asset to an adult child, the….

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Estate Litigation, Joint Tenancy, Property, Resulting Trust, Undue influence

Despite a Messy Fight Over a Billionaire’s Capacity, Succession Planning Still Essential

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Over the past year, the saga of billionaire Sumner Redstone’s estate and capacity fight has continued to play out in the United States. Redstone, an American media magnate, was the subject of a lawsuit brought by Manuela Herzer, a former girlfriend. Herzer alleged that the CBS Corporation and Viacom owner was incapable, and was being manipulated by his daughter, Shari Redstone. That lawsuit was dismissed in May of this year…..

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Capacity Law, Elder Law, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Trustee Disputes

1993: Good Year for Baseball – Bad Year for Litigation

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What made 1993 a memorable year? Justice Howard addressed that question in the opening seven paragraphs of his decision in Meriano v Benoot, 2016 ONSC 4839. Bill Clinton, Sir John Major, Kim Campbell and Jean Chretien all took office.  Czechoslovakia separate into the Czech Republic and Slovakia. Prince changed his name to a symbol. There were no Taylor Swift songs on the radio because, as his Honour archly noted, “the talented….

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Estate Litigation

Determining the CAPITAL DIVIDEND ACCOUNT BALANCE: no longer a shot in the dark?

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The capital dividend account (“CDA”) is a tax free surplus account within a private corporation which gives shareholders designated capital dividends, tax-free. The CDA typically contains the non-taxable portion of the company’s capital gains net of capital losses, capital gains received by other companies, proceeds of life insurance on death and other capital like distributions. The CDA account is often a central feature of tax planning for individuals with private….

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Business Succession Planning, Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, In the News, Investments, Small Business, Succession Planning, Tax Issues, Trusts

Challenging a loved one’s Will? You’re gonna need evidence

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The recent decision in Taylor-Reid v Taylor may seem to be the typical case of an adult child claiming that, ‘dad’s new wife unduly influenced him to cut me out of his Will’, but, on a summary judgment motion, the court found that there was absolutely no evidence to substantiate the plaintiff’s claim. In fact, the evidence showed that, if there was undue influence, it may have been on the….

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Contested wills, Estate Litigation, Undue influence
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