Executors

Total 348 Posts

If I were administering Taylor Swift’s Estate

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If I were administering Taylor Swift’s estate, I would have to continuously monitor her trademarked lyrics “This sick beat”, “Party like it’s 1989” and “Cause we never go out of style”, amongst others.  Generally, artistic works involve copyright to protect it from being used and sold by others.  But, as song titles and lyrics are not protected by copyright, Taylor Swift turned to trademark law to protect these valuable assets…..

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Estate Administration, Executors, Uncategorized

Case Comment: Huang v. Nie, 2024 ONSC 2398

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As many of our readers may know, estate trustees have a duty to account to the beneficiaries of an estate for the property they administer. Beneficiaries are entitled to be kept informed and can reasonably expect transparency and communication from the estate trustee in this regard. Oftentimes, an estate trustee will deliver accounts to beneficiaries to demonstrate what funds have come into the estate, and what funds have been paid….

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Estate Administration, Estate Litigation, Executors, Family Conflict, Passing Of Trustees’ and Executors’ Accounts, Trustee, Uncategorized

Equalizing an Estate Where One of More Children are U.S. Persons and Planning Strategies Where There Are U.S. Beneficiaries; Part III

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This is Part III of a three-part blog series. Parts I & II can be found at the following respective links: https://allaboutestates.ca/equalizing-an-estate-where-one-of-more-children-are-u-s-persons-and-planning-strategies-where-there-are-u-s-beneficiaries-part-i/ and https://allaboutestates.ca/equalizing-an-estate-where-one-of-more-children-are-u-s-persons-and-planning-strategies-where-there-are-u-s-beneficiaries-part-ii/. Parts I & II discussed a few issues to consider if a client’s intention is to equalize their estate amongst their children where one or more children are U.S. Persons (such U.S. children, a “U.S. Child”). This Part III builds on Parts I & II and….

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Estate Planning, Executors, Tax Issues, Trusts, United States, US Taxes, Wills

From Estate to Heir: Who Foots the Bill for Shipping Expenses?

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One of the main duties of an executor is to distribute the assets of an estate according to the terms of the Will. Typically, it is easy to pay a cash legacy to a beneficiary or to deliver a specific bequest if the beneficiary lives nearby. But what happens if you have to send large pieces of furniture, an expensive art collection, or a prized collector car to a beneficiary….

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Estate Administration, Estate Planning, Executors, Trustee, Wills

Removing and Replacing An Incapable Estate Trustee

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Cartoon of a big white brain behind an older adult walking with a cane to represent dementia.

Andrew Coates, Associate, Gowling WLG (Canada) LLP Betty Laidlaw contributed an informative two-part series in 2023 regarding “What Happens If Something Happens to Your Executor?” In the second part, Betty explained the process for the alternate executor named in a Will making an application for a Certificate of Appointment of Succeeding Estate Trustee with a Will under Rule 74.06 of the Rules of Civil Procedure in the circumstance where the….

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

YOU ARE HIRED…WAIT, DID I EVEN APPLY?

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This blog has been written by Sandra Arsenault, Law Clerk at Fasken Martineau DuMoulin LLP No, you likely did not. Most people don’t apply to become an executor of an estate. An executor is responsible for administering the estate of a deceased person from the date of death until all debts are paid and all assets of the estate are realized and distributed in accordance with the terms of the….

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Estate Administration, Estate Planning, Executors, Wills
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