Executors

Total 345 Posts

It Ain’t Over Til It’s Over*

• • 0 Comments

A “passing of accounts” refers to the process of formally preparing and presenting accounts to the beneficiaries and the court. The accounts are either approved (i.e., “passed”) in the form presented, amended by court order and passed in revised form, or not passed because the court is not satisfied with the accounts or some aspect of the administration of the estate or property being managed by a fiduciary. Pursuant to….

It Ain’t Over Til It’s Over* Continue Reading »

Capacity Law, Caregiving, Costs, Elder Care, Elder Law, Estate Litigation, Executors, Family Conflict, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Trustee, Trustee Disputes

Significant Tax Re-Assessment Due to An Estate Valuation Gone Wrong

• • 0 Comments

I have been writing about valuations for estate plan agreements, highlighting that they should be based on fair and reasonable methods, prepared in good faith, properly supported and documented at the time of valuation. In Lewin v. the Queen 2019 TCC 21, The Lewin Estate was appealing a significant tax reassessment of the deceased’s terminal return issued some five years after the original assessment. The issue to be decided is….

Significant Tax Re-Assessment Due to An Estate Valuation Gone Wrong Continue Reading »

Canada Revenue Agency, Estate Administration, Estate Litigation, Executors, Investments, Tax Issues, Trustee, Uncategorized

Pipelines and non-resident beneficiaries

• • 0 Comments

Without proper tax planning, private company shareholders face the prospect of a double tax on the value of shares – once at the time of death and again when the successor beneficiaries extract the share value from the company.  Post mortem “pipeline” planning solves this problem by allowing the estate to extract the share value without additional tax paid in the deceased shareholder’s final return, that is, before a recently….

Pipelines and non-resident beneficiaries Continue Reading »

Canada Revenue Agency, Estate Administration, Estate Planning, Executors, Tax Issues

When Cash is not King?

• • 0 Comments

Most people keep their cash in bank accounts. However, to my surprise, some people still don’t, and for estate planning and administration purposes, this can be a real problem. Take the case of Temple v. Peddle, 2019 NLCA 2 in Newfoundland Labrador. Mrs. Peddle kept cash in a safe deposit box under a joint account with Mrs. Peddle’s son Leo, who was ultimately appointed guardian of her estate. Leo claimed….

When Cash is not King? Continue Reading »

Estate Administration, Estate Planning, Executors, Family Conflict, Geriatric Care Management, Investments, Trustee

To Remove or Not to Remove… That is the Question (with apologies to the bard)

• • 0 Comments

Estates tell a million stories and the case of Ford v Mazman, 2019 ONSC 542, is just one of them. Mary died on April 3, 2017. Mary’s 2004 Will named her two nieces, Laura and Carleen, as sole beneficiaries. Mary appointed her close friend, Seta, as her estate trustee/executor. Laura had travelled to Ontario from BC to spend two weeks with Mary while she was in hospital. Shortly after Laura….

To Remove or Not to Remove… That is the Question (with apologies to the bard) Continue Reading »

Estate Administration, Estate Litigation, Executors, Family Conflict, Wills

Conflicts of Interest – When Lawyers Will Be Removed (or not)

• • 0 Comments

By the time a matter reaches trial, a client and her lawyer will have spent a significant amount of time together. A bond often develops over the course of the relationship, with the client trusting that her lawyer will put forward her position forcibly and knowledgeably. As a result, an attempt by the other side to remove the lawyer from the file is disruptive and often viewed with suspicion. To….

Conflicts of Interest – When Lawyers Will Be Removed (or not) Continue Reading »

Estate Administration, Estate Litigation, Executors, Family Conflict, Trustee Disputes
Scroll to Top