Total 78 Posts
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…..
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….
Trustee’s Personal Liability – It Could Go on for Years! Continue Reading »
Capacity Law, Estate Administration, Executors, Guardianship, Liability, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Spouse, Trustee, Uncategorized
This blog was written by Christina Papadopoulos, student-at-law at de VRIES LITIGATION LLP. How does a physical separation caused by the admission of one spouse into a long-term care facility impact the interpretation of a will? This was the question posed to the Ontario Superior Court of Justice in Stuart v. Stuart, 2019 ONSC 4328. In that case, a married couple lived together in a property they owned as tenants….
When Spouses “Separate” Due to Changing Medical Needs Continue Reading »
Contested wills, Elder Care, Elder Law, Estate Administration, Estate Litigation, Estate Planning, Spouse, Wills
Separation agreements commonly include a requirement that one of the spouses maintains a life insurance policy in favour of the other in order to “secure” support payments (either child support or spousal support). It is equally as common to find out, on the death of the supposedly insured spouse, that she let the insurance policy lapsed, changed the designated beneficiary, or reduced the amount of the policy. What happens next?….
Separation Agreements, Support Obligations, and Summary Judgment Continue Reading »
Contracts, Dependant Support, Estate Litigation, Family Conflict, Separation, SpouseVariation(s) of a trust agreement, after it is settled, does carry the risk of causing a resettlement of a trust or a disposition of a beneficiary’s interest in the trust, with serious tax consequences. But not all variations lead to resettlement, fortunately. Recently in an advance ruling, the Canada revenue Agency (“CRA”) was asked to consider whether a trustee seeking to amend a trust agreement for the appointment of the….
Trusts and Trust Resettlements – Variations and Circumstances Continue Reading »
Canada Revenue Agency, Disability, Estate Administration, Executors, Guardianship, Spouse, Tax Issues, Testamentary Capacity, Trustee, Trusts, UncategorizedThe Income Tax Act (“ITA”) generally permits as an eligible medical expense of an individual, an amount paid to a medical practitioner, dentist, or nurse or a public or licensed private hospital for medical or dental services provided to a patient. Medical services are diagnostic, therapeutic or rehabilitative services that are performed by a medical practitioner acting within the scope of his or her professional training. Generally, a payment to….
Embryo Freezing Costs: Medical Expense Tax Credit Extended to Same Sex Couples. Continue Reading »
Canada Revenue Agency, Estate Planning, Healthcare, In the News, Spouse, Tax Issues, Uncategorized