Total 151 Posts
The recent case of Novak v. McDougall, (2019 SKQB 261), confirms that when you have accepted an appointment to be trustee, you may not be able to have yourself removed from that appointment without a suitable replacement. The applicant in this case, a beneficiary of a “Henson” trust (basically defined as being entitled to distributions from a discretionary trust but having no vested interest in the trust assets) set up….
Can You be Removed as a Trustee Without a Replacement? Continue Reading »
Capacity Law, Contested wills, Costs, Credibility, Estate Administration, Estate Litigation, Executors, Family Conflict, Guardianship, Passing Of Trustees’ and Executors’ Accounts, Resulting Trust, Trustee, Trustee Compensation, Trustee Disputes, Trusts, Uncategorized, Wills[caption id="attachment_11560" align="aligncenter" width="480"] Operation, Christian Schad, Lenbachhaus, Munich[/caption] To paraphrase the common law, a gift must be “freely given without consideration”. “Consideration” means without expectation of benefit, which eliminates contractual or other binding rights. This concept was addressed by my colleague Darren Lund in a recent All About Estates blog on charitable donations from alter ego and spousal trusts. Tax Credit or Certainty? The issue: how can a testamentary….
Donations from Spousal and Other Trusts Continue Reading »
Estate Donations, Estate Planning, Philanthropy/Charitable Giving, TrusteeTake 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, UncategorizedVariation(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, UncategorizedRecently, I encountered a scenario where the trustees of a family trust were planning an allocation of proceeds from a share sale transaction to the beneficiaries of trust using the lifetime capital gains exemption but it appeared that the allocated amounts would physically end up in the hands of other individuals including the trustees of the trust. It appeared in fact that certain beneficiaries would only see their allocation on….
FAMILY TRUSTS AND ALLOCATIONS OF PROCEEDS FROM SALE Continue Reading »
Canada Revenue Agency, Investments, Tax Issues, Trustee, Trusts, Uncategorized
