Trustee

Total 151 Posts

Reviving a revoked will

• • 0 Comments

It is quite common for a will to begin with a statement that all previous wills and codicils are revoked. This is done to ensure that only the will being executed at that time remains the valid will of the testator, and any prior testamentary instruments no longer desired will not end up being inadvertently  relied upon by a future estate trustee. Less well-known is that a previously revoked will….

Reviving a revoked will Continue Reading »

Estate Litigation, Estate Planning, Succession Planning, Trustee, Wills

The Cy-Près Doctrine: When Good Intentions Count For Something

• • 0 Comments

The cy-près doctrine It is common practice to leave a gift to a charity in your will. However, the charity that the testator wished to support may not have been named properly in the will (leading to confusion about who was supposed to benefit from the funds), or may have ceased to exist by the time the testator died. Where a testator intended to benefit a charity, the courts have….

The Cy-Près Doctrine: When Good Intentions Count For Something Continue Reading »

Charitable Giving, Estate Administration, Estate Donations, Estate Litigation, Estate Planning, Executors, Philanthropy/Charitable Giving, Trustee, Trusts, Wills

Trust and estates beware of the new Underused Housing Tax

• • 0 Comments

The recently enacted Underused Housing Tax Act[i] (UHTA) applies a one per cent tax on the ownership of vacant or underused housing in Canada. Per the Canada Revenue Agency’s (CRA) published notification[ii] on Jan 17, 2023, “the vast majority of Canadian owners of residential property are excluded owners and, therefore, do not have any obligations and liabilities under the UHTA. However, the underused housing tax is payable by certain Canadian….

Trust and estates beware of the new Underused Housing Tax Continue Reading »

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

Suspicious Circumstances – For Wills Only

• • 0 Comments

Because the doctrine of suspicious circumstances was developed in respect of probate and wills, it cannot easily be exported into other areas of law, including contract law…..

Suspicious Circumstances – For Wills Only Continue Reading »

Capacity Law, Contested wills, Contracts, Estate Litigation, Estate Planning, Executors, Geriatric Care Management, Property, Real Estate, Testamentary Capacity, Trustee, Undue influence, Wills

It’s the Most …… Time of the Year!

• • 0 Comments

Hectic, chaotic, busy, stressful, demanding are all words that can easily be a substitute for “wonderful” when thinking about our practice at this time of the year. With in-person holiday events and functions slowly starting to return to some sort of normalcy after a quiet few years, the added demands for our time have increased this year over last. For those who typically do not deal with the December “crunch”,….

It’s the Most …… Time of the Year! Continue Reading »

Trustee, Trusts

Considerations When Trustees are Involved in Transactions

• • 1 Comment

Approaching year end, you increasingly may be fielding calls from corporate lawyer peers who are closing transactions in which trusts are involved. For example, trusts may be direct vendors or sellers, or, perhaps HoldCos are the sellers, but one or more trusts own the shares of the HoldCos.  This blog will explore some (but not all) considerations that are relevant when trusts are involved in a transaction. High Level Considerations….

Considerations When Trustees are Involved in Transactions Continue Reading »

Estate Planning, Trustee, Trusts
Scroll to Top