Uncategorized

Total 674 Posts

Jointing family assets to avoid probate: Is it still that simple?

• • 1 Comment

Douglas Buchmayer, Gowling WLG (Canada) LLP As many of you will be aware, probate is the process by which the Will of a deceased person is submitted to the Court for verification. A tax under the Estate Administration Tax Act of Ontario (formerly known as “probate fees”) of 1.5% is levied on the value of all assets of the deceased dealt with by that Will. Notionally not included in the….

Jointing family assets to avoid probate: Is it still that simple? Continue Reading »

Estate Planning, Uncategorized

If I were administering Taylor Swift’s Estate

• • 0 Comments

If I were administering Taylor Swift’s estate, I would have to continuously monitor her trademarked lyrics “This sick beat”, “Party like it’s 1989” and “Cause we never go out of style”, amongst others.  Generally, artistic works involve copyright to protect it from being used and sold by others.  But, as song titles and lyrics are not protected by copyright, Taylor Swift turned to trademark law to protect these valuable assets…..

If I were administering Taylor Swift’s Estate Continue Reading »

Estate Administration, Executors, Uncategorized

Case Comment: Huang v. Nie, 2024 ONSC 2398

• • 0 Comments

As many of our readers may know, estate trustees have a duty to account to the beneficiaries of an estate for the property they administer. Beneficiaries are entitled to be kept informed and can reasonably expect transparency and communication from the estate trustee in this regard. Oftentimes, an estate trustee will deliver accounts to beneficiaries to demonstrate what funds have come into the estate, and what funds have been paid….

Case Comment: Huang v. Nie, 2024 ONSC 2398 Continue Reading »

Estate Administration, Estate Litigation, Executors, Family Conflict, Passing Of Trustees’ and Executors’ Accounts, Trustee, Uncategorized

Refresher On Dealing With Foreign Grants In Ontario

• • 0 Comments

Quite often, we are contacted by law firms in foreign jurisdictions requesting assistance in resealing or confirming a foreign grant in Ontario to deal with assets located in Ontario. My colleague Emily Hubling and I reviewed this topic back in 2019 (https://allaboutestates.ca/probate-becomes-international-affair/) and today’s blog is a refresher on the process of resealing or confirming a foreign grant, taking into account changes to the forms and court processes that have….

Refresher On Dealing With Foreign Grants In Ontario Continue Reading »

Estate Administration, International, Uncategorized

Equalization and Vesting: An Uncommon Combination

• • 0 Comments

In Leith v Eccles, 2024 ONSC 4769, the applicant, Linda, brought a motion to receive an equalization payment from the estate of her late husband, William (the “Estate”). Linda wanted to apply the equalization payment towards the purchase of the matrimonial home she had lived in with William for many years, but which now belonged to the Estate. While Linda was entitled to receive an equalization payment from the Estate,….

Equalization and Vesting: An Uncommon Combination Continue Reading »

Uncategorized

Charities have Fiduciary Duties as Estate Beneficiaries

• • 4 Comments

I recently spoke to an estate lawyer who told me she would never recommend certain charities to clients. Why?  Because of the way these charities treated estate trustees. Some charities are unduly litigious, grind on fees, and are obstreperous about releases. It’s not the first time I’ve heard this comment from estate professionals – and some traumatized lay executors and family members. Sympathy for Charities It’s hard to evaluate the….

Charities have Fiduciary Duties as Estate Beneficiaries Continue Reading »

Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Uncategorized
Scroll to Top