Executors

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Henson Trusts

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Qualifying for support under various government disability programs in the form of cash payments or benefits often means that a recipient must have income and assets below a certain level. Without careful planning an intended inheritance may unintentionally serve to cut off a beneficiary’s government support. A Henson Trust allows for the assets of the deceased to pass to a special trust, and not be counted in the disabled assets….

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Canada Revenue Agency, Estate Litigation, Estate Planning, Executors, Tax Issues, Wills

Fiduciary Investing Series – How to avoid compounding liability in trust accounts

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This blog has been written by Robert Boyd, Director, Scotiatrust. The blog is the first in a series focusing on Fiduciary Investing that will cover a range of practical topics. When one approaches the topic of fiduciary record keeping, there is room for forgiveness for those who tune out (or nod off). It’s not a topic that gets people excited, although the litigation that can occur from incorrect management of….

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Estate Administration, Estate Litigation, Executors, Liability

Inadequate Execution of a Will led to Court Dispute

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In Bayford v. Boese 2019 ONSC 5663 the deceased Mr. Boese was the sole owner of a farm in Eastern Ontario he inherited from his parents. He never married and had no children. For two decades prior to his death, Mr. Boese was assisted in the operation of the farm by his friend, Ms. Bayford. Under a will made by Mr. Boese two years earlier, the farm property was to….

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Contested wills, Credibility, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Power of Attorney, Uncategorized, Wills

The Supreme Court of Canada to Review Disclosure of the Sherman Estate Files

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The Supreme Court of Canada has granted leave to appeal a decision of the Court of Appeal for Ontario to unseal the files and probate applications in respect of the estates of Barry and Honey Sherman (the “Sherman Estates”). The tragic murders of the wealthy Toronto couple in December 2017 have been the subject of intense media and public interest over the past two years. There has been somewhat less….

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Estate Administration and Probate Applications, Executors

“Death be not proud, though some have called thee mighty and dreadful, for thou are not so…” – John Donne

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It is never easy when a loved one dies. Only adding to one’s grief is the fact that the administrative tasks to deal with a death can be complicated. There is any number of loose-ends to address and specific steps to take to bring finality to a life well-lived…..

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Caregiving, Elder Care, Estate Administration, Estate Planning, Executors, Funeral Planning, Geriatric Care Management, Spouse, Succession Planning

Trustee’s Personal Liability – It Could Go on for Years!

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Take the case of Estate of Ronald Alfred Craymer v Hayward et al, 2019 ONSC 4600, The Craymers were married in the 1980’s. It was a second marriage for Mrs. Craymer and a fourth marriage for Mr. Craymer. At the time of their marriage, Mrs. Craymer had three adult children of her own and Mr. Craymer had four adult children. The Craymers were married for thirty-two years until Mrs. Craymer….

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Capacity Law, Estate Administration, Executors, Guardianship, Liability, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Spouse, Trustee, Uncategorized
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