Total 349 Posts
This blog has been written by Jessica J. Butler, Law Clerk at Fasken LLP. The holiday season can be a time for joy, love, and togetherness – it can also be a time for drama, stress, and conflict. Simmering tensions at family gatherings can cause situations that sometimes leave lasting impressions. In the aftermath of a negative experience with family, it’s natural for emotions to run high, in some cases….
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