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Charitable purposes and estate donations

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Estate planning is an exercise in time travel.  It is impossible to predict the future, especially when the time gap between planning and death is often decades.  Fast forward 25 years, a charity may not exist when the estate is distributed. Charity law identified this problem and a solution to it over 500 years ago. The solution is the charitable purpose in a charitable trust.  In trust law there are “object trusts” that….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Uncategorized

Gefen Estate v. Gefen

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The Ontario Court of Appeal (“ONCA”) decision in Gefen Estate v. Gefen is an interesting read which provides insight into a variety of topics including mutual wills and mutual will agreements, secret trusts, the doctrine of unconscionable procurement, and more! By way of background, Elias and Henia Gefen were married for 65 years. They were Holocaust survivors who came to Canada in 1951. They had three sons: Harvey, Harry, and….

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Appeals, Capacity Law, Estate Administration, Estate Litigation, Family Conflict, Joint Tenancy, Power of Attorney, Real Estate, Testamentary Capacity, Uncategorized, Undue influence, Wills

Analog Art, Analog Assets

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For my last blog post, I discussed the potential financial value of an individual’s “personalty” and clauses in wills governing such personalty. While an individual’s more traditional assets may include bank accounts, real estate or vehicles, there may also be some other personal items (e.g. collections) that may have significant financial value for an estate. I’d like to discuss “physical” assets a bit more, this time focusing on assets they….

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Estate Administration, Estate Planning, Uncategorized, valuation

In the matter of the Estate of John Ihnatowych, deceased

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This Blog was written by Jane Martin, Scotia Wealth Management In the matter of the Estate of John Ihnatowych, deceased[i] In late March of this year, a decision of Justice A. Sanfilippo was released, rectifying the will of the late John Ihnatowych (the “Deceased”). The decision prompted me to consider how best to identify beneficiaries in a will – is it better to use class descriptions or to use specific names….

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Atypical Asset Administration (Part 2)

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This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP Welcome back! This is Part 2 of a two-part series on unusual assets and estate administration. For part one, please see my blog post here. Typical assets in an estate consist of real property, automobiles, corporations, investments, cash, jewellery and artwork. What I would call the “easy” stuff. But sometimes there are collections, specialized equipment, intangible assets….

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Estate Administration, Estate Litigation, Estate Planning, Executors, Tax Issues, Uncategorized, Wills

May the 4th be with you and your estate

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I’m nerdy about my fair share of things. Star Wars isn’t one of them. But this is an estates blog and arrangements need to be made to take care of Baby Yoda should anything happen. Truth is, whenever the AAE schedule comes out, the first thing I do is sign up for any Thursdays that fall on special days. April Fools’, Halloween, the 4th of July. I’ve done them all…..

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