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Approving Donor Recognition

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Charities like to name things after donors.  Simply, big gifts mean more prominent “naming opportunities”.  Ontario’s Minister of Health recently issued a directive to hospitals stipulating that they can’t rename existing hospitals in recognition of donations.  Is “naming” a risk for major donors?  What are the estate planning implications? Ontario’s New Rules First, let’s look at Minister Eric Hoskin’s directive.   It says the new hospital name “must not include the….

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Multiple testamentary trusts for tax purposes: Are they always treated as one?

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This issue was recently tested in Court with a “bittersweet” result. Three testamentary trusts were created for 3 children in the late 2000’s. Their mother was an income beneficiary in each trust, and entitled to receive all the net income derived from each trust during her lifetime. A child and his/her children were income and capital beneficiaries of each respective trust and would be paid the net income after their….

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Canada Revenue Agency, Estate Administration, Investments, Property, Resulting Trust, Tax Issues, Trusts, Uncategorized

Obtaining Administration Bonds Versus Dispensing with Administration Bonds

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An administration bond is a promise to the court, with a surety, that the executor of an estate will be honest in performing his/her duties in the administration of the estate and in distributing the property of the estate to the beneficiaries. It protects the beneficiaries and creditors of the estate in the event of an improper administration of the assets of the estate. Under the Estates Act, R.S. O…..

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Guardianship Decisions – The Sequel

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This Blog was written by: Natalie Rouse Last week I wrote about some basic matters to consider when appointing someone as a child’s guardian. The person named as a guardian in a will must have that appointment confirmed in court. Courts are more likely to accept the appointment of a parent as guardian versus a non-parent. However, if there’s no suitable other parent, or in the case where both parents….

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Estate Planning, Guardianship, Uncategorized

Dismal Results for Dreadful Estate Trustee

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A recent case of the Ontario Superior Court (Silva et. al v. Silva (Estate of)) demonstrates the wide remedies available to beneficiaries whose interests have been prejudiced by the misconduct of an estate trustee. Jose Lima Silva died without a will on June 24, 2015. He was survived by 5 children and appointed one of his sons, the respondent, as the estate trustee of his estate. The other four adult….

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Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Uncategorized

Multiple Wills: Part 4

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In my last blog on multiple wills for probate planning I began a discussion of some considerations when defining the classes of assets that fall into the “non-probate” will (which I refer to as the “Secondary Will”) and the “probate” will (which I refer to as the “Primary Will”). I left off with the point that if a person has assets that could normally be dealt with under a Secondary….

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