Family Conflict

Total 262 Posts

Estate Applied to Have Filings Made by Taxpayer Lacking Mental Capacity Set Aside

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In Ntakos Estate v. The Queen, 2018 TCC 224, a family business was owned by the deceased taxpayer, Anna (after her husband passed away in 1995) with two brothers-in-law through a holding corporation. Anna’s mental and physical health declined from 1995 until her death in 2004. She was diagnosed in 2002 with cancer, and apparently lacked mental capacity after that date. In 2003, the accountant for the family business got….

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Canada Revenue Agency, Capacity Law, Estate Administration, Family Conflict, Investments, Property, Small Business, Spouse, Tax Issues, Testamentary Capacity, Uncategorized

Choosing an Appropriate Age for Young Beneficiaries to Inherit

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This Blog was written by: Daniel Watts, Estate and Trust Consultant, Scotiatrust   A very common issue that arises in estate planning, especially when the clients have young children, is deciding when an appropriate age is for the children to receive their inheritance. Prior to this age, the inheritance will be held in trust for the beneficiary, and may be used for their benefit (e.g. paying for university tuition). In….

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Family Conflict

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

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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….

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

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

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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….

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Estate Administration, Estate Litigation, Executors, Family Conflict, Trustee Disputes

A Joint Tenancy Gone Awry

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Many of my fellow bloggers have blogged about joint tenancies, whether the focus of those blogs was on a case where the facts involved a joint tenancy or was to simply advise of the issues and risks related thereto. (See Brittany Sud’s blog on January 19, 2018, Steven Frye’s blog on June 6, 2017, and my blogs of July 29, 2016 and November 11, 2010). This blog is going to….

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Estate Litigation, Estate Planning, Family Conflict, Property

Unjust Enrichment – The Supreme Court’s Naughty List

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They see you when you’re sleeping, they know when you’re awake. They’re ready to decide if you’ve been unjustly enriched, so be good for goodness sake. The Supreme Court of Canada is coming to town. The Supreme Court of Canada in their festive/ceremonial robes [Not pictured – Santa Claus]   On November 23rd, the Supreme Court of Canada released its decision in Moore v. Sweet, 2018 SCC 52. Back when this case….

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Contracts, Family Conflict, In the News, Insurance
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