Total 348 Posts
Photo Credit: Universal Pictures This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP If you are the lucky (or more often unlucky) person appointed to administer an Estate, you may have more stress than usual this holiday season. I wrote this blog in hopes….
Executors: Holiday Elf or Grinch? Continue Reading »
Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Executors, Family Conflict, Wills
In Re James Estate, 2023 ONSC 6432, the Court considered whether a disbarred lawyer could act as the estate trustee of an estate…..
Can a Disbarred Lawyer be an Executor? Continue Reading »
Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors
When a trust makes a capital distribution to a non-resident beneficiary, the beneficiary is deemed to have disposed of a part or the whole of their capital interest in the trust.[2] Where the capital interest in the trust is “taxable Canadian property” (“TCP”),[3] the vendor of the TCP (i.e. the beneficiary who is deemed to be “disposing” of their interest in the trust) must apply for a clearance certificate from the Canada Revenue Agency (the “CRA”) under section 116, either in advance of the disposition or within 10 days of the disposition…..
Section 116 and Capital Distributions by Trust to Non-Resident Continue Reading »
Canada Revenue Agency, Cottage, Estate Administration, Executors, International, Property, Real Estate, Tax Issues, Trusts
Pictured: Some myosotis flowers; colloquially known as “forget-me-nots”. I thought these would be appropriate for this blog post. In the estate planning world, we often see clients who want to be remembered for generations to come. For example, this could be through establishing a charitable gift, trust or foundation in their will; some people even find value in having some sort of organization, space or physical object named after them…..
Will We Need to Start Remembering the “Right to be Forgotten”? Continue Reading »
Courts, Estate Administration, Estate Planning, Executors, In the NewsIt is very difficult to plan for every possible scenario when you are drafting your will. Not only is it important to consider who to name as your executor, but you also need to think about what would happen if something happened to your executor. In an earlier blog, I looked at what happens if an executor dies before the testator and offered some practical considerations. Today’s blog will explore….
What Happens if Something Happens to your Executor? – Part Two Continue Reading »
Estate Administration, Estate Planning, Executors, Trustee
In Gilbert v. Girouard, 2023 ONSC 4445, a brother and sister brought a challenge to their father’s wills. The siblings alleged that their third sibling, who was named as estate trustee, exerted undue influence over their father. They also alleged that their father lacked testamentary capacity at the time of signing the wills. In order to gather the necessary evidence to support their claim, the siblings brought a motion to….
Disclosure of Medical Records: Privacy Matters Continue Reading »
Contested wills, Estate Litigation, Estate Planning, Executors, Family Conflict, Testamentary Capacity, Undue influence, Wills