Estate Planning

Most clauses in a Will are (or should be) clear on their face.  That being said, certain standard clauses  – even when drafted in plain English – may be opaque to the layperson.   The “persons born outside marriage” clause is a good example of a provision which begs an explanation. In Ontario, the concept of illegitimacy was abolished in 1978.  The Succession Law Reform Act explicitly eliminates the distinction between persons….

Can individuals who may have an obligation to support a person making a dependant’s support claim against an estate be added as parties to the support claim? That was the question before the court in Brash v. Zyma. The short answer? Yes. In 2012, Charles Douglas Brash died. At the time of his death, he had been married to Dorothy Brash since 1990. When they married, Dorothy had four adult….

My fellow bloggers and I have written in the past about the ins and outs of legitimate probate fee avoidance arrangements available to a testator. These arrangements include an intervivos transfer of assets such as alter-ego trusts. Care and advice must be taken to ensure that the transfer of assets qualify for tax deferral under the Income Tax Act (“ITA”) to avoid the triggering of income taxes. Recently the Canada….

The judgment in Miles v. Vince[1] was issued recently by the British Columbia Court of Appeal and is a reminder of the strict duties trustees face in selecting investments. The case centred around the investments of two trusts, referred to in the judgment as the Family Trust and the Insurance Trust. The Family Trust was established by the deceased before his death and held shares in three private companies, each….

Labour Day is a back to school time and for me this translates into the time to start new projects and a time to take stock of current events so as to be able to plan ahead with anticipation. The September 1, 2014 Globe and Mail Editorial and Comment page provided three very interesting essays. The first essay is on Mortality written by Konrad Yakubuski and discusses ‘the right to….

On October 1 the new Rules of Professional Conduct come into effect. As well as rule changes affecting the practice of law generally, there are also specific rule changes relevant to lawyers practising estates and trusts. The new rule 3.4-37 requires a lawyer who drafts a will containing a clause requiring the drafting lawyer to be retained by the trustees to assist with the administration to provide the trustees with….