Executors

Total 346 Posts

Professional fees incurred in the context of a litigation with CRA

• • 0 Comments

On occasion, the personal representative of an estate may have to incur costs to either settle or disclose a matter with the Canada Revenue Agency (CRA). In a translated technical interpretation, the CRA provided some of its own guidance on how to navigate the relevant rule in the Income Tax Act (ITA). The ITA generally permits a deduction in computing a taxpayer’s income for a taxation year for amounts paid….

Professional fees incurred in the context of a litigation with CRA Continue Reading »

Canada Revenue Agency, Costs, Estate Administration, Executors, Tax Issues, Trustee

An ETDL will continue to act until all appeals exhausted

• • 0 Comments

I previously blogged about the case of Gefen v. Gaertner where the Court of Appeal quashed an appeal regarding an estate trustee during litigation (ETDL) and punted the matter to the Divisional Court. Now this estate has generated another appeal regarding the ETDL – this time properly brought before the Divisional Court – which dealt with whether an ETDL’s role continued after a judgment is appealed. In Gefen v. Gefen,….

An ETDL will continue to act until all appeals exhausted Continue Reading »

Courts, Estate Litigation, Executors

Big New Rules for Small Estates

• • 0 Comments

The law in Canada is not static – it evolves and changes to meet our society’s needs through incremental changes to the common law (i.e. the application and interpretation of the law through the courts) and through legislative changes. One recent change to Ontario’s laws was made through the Smarter and Stronger Justice Act, 2020 (the “Act”). The purpose of the Act is to make it easier, faster and more….

Big New Rules for Small Estates Continue Reading »

Courts, Estate Administration, Estate Administration and Probate Applications, Executors, Trustee, Wills

Removal of Executor/Estate Trustee for Perceived Conflict of Interest

• • 0 Comments

Today’s blog is being brought to you by our guest blogger, Anna Chen The court may remove an executor/estate trustee under its inherent jurisdiction or under section 37 of the Trustee Act.[1]  In either case, the test to remove an executor/estate trustee is stringent, as the court will not lightly interfere with a testator’s choice of executor/estate trustee.  When the court is asked to remove an executor/estate trustee, it will….

Removal of Executor/Estate Trustee for Perceived Conflict of Interest Continue Reading »

Estate Administration, Estate Litigation, Executors, Trustee, Trustee Disputes, Wills

Valuing Estate Assets – A Hierarchy of Evidence

• • 0 Comments

Acting as an estate trustee can be a difficult job. It is often made more difficult when you have to work with a sibling. While the types of disputes co-estate trustees can have with one another are seemingly infinite, one common fight is over valuing an estate asset. Valuing estate assets properly is important – it may impact estate tax, the deceased’s personal taxes, and the sale price of the….

Valuing Estate Assets – A Hierarchy of Evidence Continue Reading »

Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Probate Tax, Property, Real Estate, Tax Issues, Trustee, Trustee Disputes

Use of Cottage By Children of Settlor of an Alter Ego/Joint Partner Trust

• • 0 Comments

Both alter ego and joint partner trusts (the trust) allow a settlor to transfer capital assets into the trust on a tax-deferred basis if the following conditions are met: The trust is created after 1999. The settlor is at least 65 at the time of creation. In the case of an alter ego trust, the settlor must be entitled to receive all the trust’s income that arises before death. In….

Use of Cottage By Children of Settlor of an Alter Ego/Joint Partner Trust Continue Reading »

Canada Revenue Agency, Cottage, Estate Administration and Probate Applications, Estate Planning, Executors, Property, Real Estate, Succession Planning, Tax Issues, Trustee
Scroll to Top