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Undue Influence Voids a Capable Testator’s Will

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In Krivokapic v. Josephe Boss, the Quebec Court of Appeal affirmed the invalidity of a capable testator’s Will that was procured through undue influence. Facts The testator, Valentin Boss, was an accomplished professor and author during his career. The testator was married for 22 years, and had one daughter, Sylvia Katerine Josephe Boss (“Sylvia”). The testator was divorced in 1989. The testator began a relationship with Milica Krivokapic (“Milica”) in 1989,….

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Could Employee Ownership Trusts Soon Offer a Real Solution in the Succession Planning Dialogue

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It is no secret that there is a generational shift coming, both in wealth and the family businesses that often make up that wealth.  I could cite many articles to support this statement.  Leaving this fact aside, it is also no secret that no one has yet discovered the fountain of youth and cryogenics is not yet far enough along to provide a certainty of outcome.  The upshot is that….

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Transparency v Anonymity

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The calls for greater transparency by charities in Canada is growing. Budget 2022 had a few promises of more reporting requirements for registered charities related to donor advised funds and disbursement quota, although the exact measures are still unclear. What does this mean for the charitable tradition of anonymous giving? Anonymity The great Spanish Jewish medieval philosopher Maimonides famously said that the highest form of charity is anonymous. It’s about….

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Til’ Death Do Us Part? The Impact of Marriage on Estate Planning

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This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management My colleagues have written several recent articles on capacity. “Capacity” is an interesting area of law and the test for capacity differs radically depending on the subject and setting. Testamentary capacity or capacity to make a Will, is different then capacity to make personal care decisions which, in turn, is different then capacity to marry. Historically….

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Taxation on Cryptocurrency

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This Blog was written by: Dave Madan, Market Lead and Manager, Scotiatrust  We’re well into tax season, but for this year, your review of your taxable transactions may be very different. You might have explored investing or trading cryptocurrency. Buying and selling some Dogecoin after Elon’s tweets does carry income tax implications. Everyone exploring this new age of investment should understand the implications, as well as their advisors looking to….

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ESTATE PLANS INVOLVING DISABLED ADULT CHILDREN

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This blog was written by Karen Crellin, Estate and Trust Advisor at MD Private Trust Company which is part of Scotia Wealth Management There’s plenty of valuable information available on estate plans involving disabled[1] adult children –including several posts on this blog. You can find information that provides details about: techniques for setting up an estate plan involving a disabled adult child to ensure that child’s provincial disability benefits or other income-tested….

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