Total 345 Posts
Canadian Tire “money” has been distributed by Canadian Tire stores for almost 65 years. While CT Money is often dismissed, it may be a mistake to ignore the bills as a potential asset of the estate…..
The Value of Canadian Tire “Money” in Estates Continue Reading »
Estate Administration, Executors, Fiduciary Professions, In the News, Investments, Property, Succession Planning, Trustee, valuationAs a law clerk working in the area of estate administration, we often have to act as “detectives”. For example, we may have to conduct searches to determine whether or not the deceased had a Will. We may need to track down the beneficiaries named in the Will or piece together a family tree and locate family members if the deceased died intestate. We might have to search financial records….
Estate Sleuthing Continue Reading »
Estate Administration, Estate Planning, Executors, WillsThis blog was written by Justin Ecclestone, Estate and Trust Consultant with Scotia Wealth Management As someone who works for a trust company, much of my day is spent educating our bank’s clients about the estate and trust planning services we can offer. In many cases, clients see the value in selecting a trust company to administer their estate to help address an obvious need. Some of these scenarios include;….
The soft issues matter – Choosing an Executor Continue Reading »
ExecutorsThis blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP As our fellow blog writer, Audrey Miller wrote earlier this week (here), new Census data indicates that the number of seniors over age 85 is expected to triple in the next 25 years. Could this be an opportunity? This week we welcomed summer law school students and co-op law clerk students into our firm. As I chat….
A CAREER IN WILLS AND ESTATES – COULD IT BE FOR YOU? Continue Reading »
Elder Care, Estate Administration, Estate Litigation, Estate Planning, Executors, Uncategorized, Wills
A recent Court of Appeal decision, Walters v Walters, 2022 ONCA 38, addresses a trustee’s requirement to give effect to a testator or settlor’s intentions when exercising discretion with respect to distributions from a discretionary trust. At issue was whether the trustees had improperly relied on extraneous or irrelevant factors when exercising such discretion. The decision, written by Justice Sarah Pepall for the Court, is a helpful read as it….
An estate trustee does not have an obligation to provide a contingent beneficiary with an accounting; nonetheless, some form of accounting is generally done at the request of a contingent beneficiary. If accounts are not provided, a contingent beneficiary may bring an application to compel an estate trustee to pass their accounts. This will be costly and may be what the contingent beneficiary is trying to avoid in requesting a….
Has a Contingent Beneficiary Asked for an Accounting? Continue Reading »
Estate Administration, Estate Litigation, Estate Planning, Executors, Passing Of Trustees’ and Executors’ Accounts, Wills