Estate Planning

Total 1076 Posts

Consultation Survey

We have blogged in the past about the Carter decision and end of life care and the importance of ensuring your family know your wishes with regards to end of life decisions. The government of Ontario has recently put out a survey on Doctor-assisted dying and end-of-life decisions to help inform the province’s approach to the sensitive and complex topic of end of life discussions as well as future laws….

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Estate Planning

Entitlement to apply for a passing of accounts

Not all parties involved in estate administration are entitled to apply for a passing of accounts. Section 42(4) of the Substitute Decisions Act (SDA) lists all the people who may apply. While the list does not include estate trustees or beneficiaries of an estate, it does allow the court discretion to give leave to appeal when it sees fit. In Testa v Testa (2015 ONSC 2381) the court explored when….

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Estate Planning

Executor Compensation – The Last Chapter

Today’s Blog was Written by Jacob Kaufman The Divisional Court has just written another chapter in the ongoing saga of a dispute between two sisters, Erna and Hilda, who have been in litigation against each other since 2003. Erna had acted as attorney for property of her parents since 2002 and as estate trustee of her mother since 2008. In the case of In the Estate of Stefanie Aber, deceased,….

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Estate Planning

RESIDENCY OF A TRUST – A QUESTION OF MANAGEMENT AND CONTROL

As my fellow bloggers have explained in some detail, there are various tenets governing trusts having legal and tax implications depending on the circumstances. One of these is the location of “central management and control” which the Courts have previously ruled as being the basis for determining residency. Recently, the Supreme Court of Newfoundland and Labrador was asked to rule on the specific issue of residency which would have significant….

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Canada Revenue Agency, Estate Administration, Estate Litigation, Estate Planning, Investments, Property, Trustee, Trusts
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