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Still Feeling Shook Up – Presley Family Back in the News

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Last year, I wrote about the death of Lisa Marie Presley (“Lisa Marie”) and the resulting court battle between Riley Keough (“Riley”), Lisa Marie’s daughter and Priscilla Presley, Lisa Marie’s mother[1]. Thankfully, that matter was resolved relatively quickly with Priscilla resigning as a trustee of Lisa Marie’s irrevocable trust, The Promenade Trust (the “Trust”) in exchange for (i) $1M lump sum payment, (ii) the right to be buried beside Elvis….

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In the News, Trustee, Uncategorized

Indemnification of Estate Trustees and Blended Costs Awards: A Refresher

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A party needs leave to appeal when it is appealing only a costs decision. Leave was granted in the case of Pletch v. Pletch Estate, 2024 ONSC 1411 (CanLII) (Ont. Div. Crt) (“Pletch Estate”), where an estate trustee was not awarded any costs of the application.  In Pletch Estate the deceased died without a will. He had three children from his first marriage, two of whom were minors, and another….

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Transfers to a corporation can be costly. Beware of corporate attribution.

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Part III – Corporate Attribution This blog post has been written by Pritika Deepak, Associate at Fasken LLP. This is the last part of a three-part blog series which provides a high level overview of the attribution rules contained in the Income Tax Act (Canada)[1] (the “Act”). Part I, which addresses personal attribution and Part II, which speaks to trust attribution, can be found respectively at https://allaboutestates.ca/no-good-deed-goes-unpunished-by-the-cra/ and https://allaboutestates.ca/using-a-trust-watch-out-for-attribution/. Part….

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Business Succession Planning, Canada Revenue Agency, Estate Planning, Succession Planning, Tax Issues, Uncategorized

When Will an Estate Trustee Be Personally Liable for Costs?

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In Herold Estate v. Curve Lake First Nation, the Court of Appeal for Ontario varied a costs award to provide that an estate trustee be personally liable for costs. In July 2014, the Estate of William Albin Herald (the “Estate”) commenced an application claiming ownership of certain islands in the Trent-Severn Waterway (the “Islands”), on the basis that the Islands were part of Lot 35, which was owned by the….

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Incomplete and Unprocessed Beneficiary Designation Held Valid

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Anna Chen, Associate, Gowling WLG (Canada) LLP In the recent decision, The Estate of William Harper,[1] the Court was asked to determine whether a two page beneficiary designation form that was missing its first page (the page on which the account number would be indicated) and not processed by the financial institution was valid. Facts William Harper, deceased (the “Deceased”), died on September 5, 2019.  At the time of his….

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Estate Planning, Succession Planning, Uncategorized

Guardianship Applications: Evaluating Decision-Making Capacity of Minors Who Are Soon to Become Adults

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Nathan Spaling (my colleague from the Capacity Clinic) and I are often asked to conduct capacity assessments in the context of guardianship applications. On occasion, the application is brought by a parent seeking to be appointed as the guardian of property for a child who is about to become an adult (i.e., the child is nearing their eighteenth birthday). Adults are presumed to have capacity to manage their own property…..

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