Estate Planning

Total 1082 Posts

Waters v Henry: Respecting a Testator’s Free Will to Make “Bad” Decisions

• • 0 Comments

Irina Samborski, associate and Caroline Mercer, articling student, Gowling WLG (Canada) LLP When an estate is litigated, a deceased person’s decision-making is forced into the public record. Sometimes, the court is asked to pass judgement and correct decisions that may seem unreasonable or unfair. However, some courts prefer to uphold the deceased’s freedom to decide—no matter what the living may think. This was the case in The Estate of William….

Waters v Henry: Respecting a Testator’s Free Will to Make “Bad” Decisions Continue Reading »

Contested wills, Courts, Estate Litigation, Estate Planning

Equalizing an Estate Where One of More Children are U.S. Persons and Planning Strategies Where There Are U.S. Beneficiaries; Part III

• • 0 Comments

This is Part III of a three-part blog series. Parts I & II can be found at the following respective links: https://allaboutestates.ca/equalizing-an-estate-where-one-of-more-children-are-u-s-persons-and-planning-strategies-where-there-are-u-s-beneficiaries-part-i/ and https://allaboutestates.ca/equalizing-an-estate-where-one-of-more-children-are-u-s-persons-and-planning-strategies-where-there-are-u-s-beneficiaries-part-ii/. Parts I & II discussed a few issues to consider if a client’s intention is to equalize their estate amongst their children where one or more children are U.S. Persons (such U.S. children, a “U.S. Child”). This Part III builds on Parts I & II and….

Equalizing an Estate Where One of More Children are U.S. Persons and Planning Strategies Where There Are U.S. Beneficiaries; Part III Continue Reading »

Estate Planning, Executors, Tax Issues, Trusts, United States, US Taxes, Wills

Charities have Fiduciary Duties as Estate Beneficiaries

• • 4 Comments

I recently spoke to an estate lawyer who told me she would never recommend certain charities to clients. Why?  Because of the way these charities treated estate trustees. Some charities are unduly litigious, grind on fees, and are obstreperous about releases. It’s not the first time I’ve heard this comment from estate professionals – and some traumatized lay executors and family members. Sympathy for Charities It’s hard to evaluate the….

Charities have Fiduciary Duties as Estate Beneficiaries Continue Reading »

Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Uncategorized

Estate Planning & The Changes to the Capital Gain Inclusion Rate

• • 1 Comment

Will the change in the capital gain inclusion rate have any implications to estate planning?  For taxation years that end after June 24, 2024, the capital gains inclusion rate increased from one-half to two-thirds and the change will have some implications in estate planning. Advisors will need to adjust some of their advice and recommendations in light of the changes.  This article will highlight some of the implications resulting from….

Estate Planning & The Changes to the Capital Gain Inclusion Rate Continue Reading »

Estate Planning, Tax Issues

From Estate to Heir: Who Foots the Bill for Shipping Expenses?

• • 0 Comments

One of the main duties of an executor is to distribute the assets of an estate according to the terms of the Will. Typically, it is easy to pay a cash legacy to a beneficiary or to deliver a specific bequest if the beneficiary lives nearby. But what happens if you have to send large pieces of furniture, an expensive art collection, or a prized collector car to a beneficiary….

From Estate to Heir: Who Foots the Bill for Shipping Expenses? Continue Reading »

Estate Administration, Estate Planning, Executors, Trustee, Wills

I am Ready and Willing – When do I Start? Activating a Power of Attorney for Property

• • 0 Comments

This article is written by Alicia Mossington, Estate and Trust Consultant with Scotiatrust.   A Power of Attorney for Property is a document which allows an individual (grantor) to appoint and authorize a substitute decision maker. In Ontario, the substitute decision maker is referred to as an “attorney.” The named attorney or attorneys typically have a broad scope of power and under section 7(2) of the Substitute Decisions Act (the….

I am Ready and Willing – When do I Start? Activating a Power of Attorney for Property Continue Reading »

Estate Planning, Power of Attorney, Property, Uncategorized
Scroll to Top