Executors | All About Estates

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

Demetre Vasilounis • February 7, 2020 • 4 Comments

Estates Law and Privacy Law: An Incomplete Intersection (Part I) This is the first entry in a three-part blog series about the current state of estates law vis-à-vis privacy law. Part I will focus 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….

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Estate Administration, Estate Litigation, Estate Planning, Executors, Succession Planning, Uncategorized, Wills

Criminals Cannot Profit From Their Crimes – Or Can They?

Rebecca Studin • January 29, 2020 • 0 Comments

Criminals cannot profit from their crimes – unless they are not criminally responsible…..

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Contested wills, Estate Administration, Estate Litigation, Executors, Family Conflict, In the News, Wills

TOSI and the Estate Plan

Derek de Gannes • January 21, 2020 • 0 Comments

Since 2018, the tax on split income (TOSI) rules have impacted common estate planning practices. While much of the TOSI focus is on planning during one’s lifetime, post-mortem planning strategies have also been affected. It follows that a post-mortem planning strategy must now be considered in light of TOSI, as these rules provide specific lifetime and estate planning exceptions. When TOSI applies, the benefits of income sprinkling may be significantly….

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Estate Planning, Executors, Wills

Paper vs. Electronic Filing of Estate Information Returns!

Corina Weigl • January 17, 2020 • 0 Comments

Today’s blog was written by guest bloggers, Tracy Parkinson and Krista Brown, law clerks in the Private Client Services group of Fasken LLP. It’s hard to believe that we have been filing Estate Information Returns (the “EIR”) with the Ministry of Finance (the “Ministry”) since January 1, 2015, but if I start thinking about it, Ontario estates law has seen as much change in the last 4 or 5 years….

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

Costs and the Estate’s Losses

Jacob Kaufman • January 8, 2020 • 1 Comment

Some losses suffered by the estate due to litigation cannot be recovered…..

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Canada Revenue Agency, Contested wills, Costs, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Liability, Tax Issues, Trustee, Wills

Death of a Beneficiary – Alter Ego and Joint Spousal Trusts

Derek de Gannes • January 7, 2020 • 0 Comments

At a recent tax conference, the Canada Revenue Agency (CRA) shared its view on reporting a post-mortem loss incurred by a trust in the first year following the death of the last life interest beneficiary (the settlor in the case of an alter ego trust, and the last to die of the spouses in the case of a joint spousal trust. Both an alter ego trust and a joint spousal….

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Canada Revenue Agency, Executors, Tax Issues