Executors

Total 345 Posts

Estate Planning in a Pandemic: No Easy Solutions

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This Blog was written by Suzanna Walter, Estate and Trust Consultant with Scotia Wealth Management It is not surprising that in a pandemic many people are very concerned about their estate plan.  This blog will focus on making a valid Will. In Canada each province and territory has its own legislation which sets out the legal requirements for a valid Will.  Some provinces, such as British Columbia, have a “substantial….

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Estate Planning, Executors, In the News, Uncategorized, Wills

Dancing with the Dead

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This blog was written by Aathiya Bala, Associate Estate and Trust Consultant with Scotia Wealth Management   If you had the chance to see your favourite artist perform in concert after they passed away, would you attend? For many Whitney Houston fans, this is now a legitimate question to ask themselves. In May 2019, Whitney Houston’s estate signed a deal with Primary Wave Music Publishing, a boutique marketing and music….

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Executors, In the News, Uncategorized, Wills

Actions Have Consequences – They May Sever Joint Tenancy

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Leaving aside other means of severance, including that which occurs on bankruptcy or by judicial sale, there are three main ways to sever a joint tenancy: Unilaterally acting on one’s own share, such as selling or encumbering it; A mutual agreement between the co-owners to sever the joint tenancy; and Any course of dealing sufficient to intimate that the interests of all were mutually treated as constituting a tenancy in….

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Estate Administration, Estate Litigation, Estate Planning, Executors, Family Conflict, Joint Tenancy, Property, Real Estate, Spouse

Clearance Certificates

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An executor, as the legal representative of the estate, is required to obtain a clearance certificate before distributing property that they control. Where the executor fails to obtain a clearance certificate, they are liable for any unpaid amounts in respect of any property distributed. Some will argue that not every estate needs a tax clearance certificate, but a recent court case highlights the kind of trouble an executor can get….

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Canada Revenue Agency, Estate Litigation, Executors, Passing Of Trustees’ and Executors’ Accounts, Tax Issues, Uncategorized, Wills

Estates Law and Privacy Law: An Incomplete Intersection (Part II)

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This is the second entry in a three-part blog series about the current state of estates law vis-à-vis privacy law. Part I focused on the relevant federal and provincial privacy legislation. Part II will examine significant court decisions relating to this area. Part III will look at solutions for lawyers to help their clients manage their estate planning to be compliant with privacy law requirements. The previous entry in this….

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Estate Administration, Estate Litigation, Estate Planning, Executors, Succession Planning, Trustee, Uncategorized, United States, Wills

What is it you guys do anyway?

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Today’s blog is being brought to you by guest blogger, Betty Laidlaw, a law clerk in the Private Client Services group of Fasken LLP. When someone asks me what I do for a living and I answer, “I’m a law clerk”, I often get blank stares.  When I say “paralegal”, that is somewhat more understandable, but it is not accurate.  Even people in the legal profession don’t always know exactly….

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Estate Administration, Estate Administration and Probate Applications, Executors, Passing Of Trustees’ and Executors’ Accounts, Probate Tax, Wills
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