Uncategorized

Total 678 Posts

Challenge Accepted: Court Challenges to Wills and Claims Against Estates

• • 1 Comment

This blog was written by Isabelle Cadotte – Estate and Trust Consultant with Scotia Wealth Management As lawyers, we routinely field questions from testators about how to avoid challenges to their wills, especially where they’ve decided to leave a family member less than what they might have expected. On the other side of the coin, we’re also asked to help executors facing court challenges commenced by the jilted family member….

Challenge Accepted: Court Challenges to Wills and Claims Against Estates Continue Reading »

Contested wills, Estate Litigation, Uncategorized, Undue influence, Wills

Secret Trusts

• • 0 Comments

Secret and trusts are essentially trust arrangements made between a testator and a trustee, without written disclosure or agreement of the terms of the arrangement, but where an understanding exists between the parties. Based on precedent in case law, the essential elements of a secret trust are: • An intent by the testator to subject the trustee to an obligation in favour of a beneficiary; • Communication of that intent….

Secret Trusts Continue Reading »

Estate Administration, Estate Litigation, Liability, Resulting Trust, Trustee, Trusts, Uncategorized, Wills

Registered Education Savings Plans: Back to Basics

• • 2 Comments

Registered Education Savings Plans (RESPs) are tax-deferred education savings vehicles designed to assist parents (or other family members and friends) to save towards a beneficiary’s post-secondary education.  A contract is entered into between a subscriber (i.e., parents) and a promoter (i.e., bank or trust company), whereby the subscriber contributes funds for one or more beneficiaries, and the promoter manages and invests the contributions. There are specific requirements under the Income….

Registered Education Savings Plans: Back to Basics Continue Reading »

Uncategorized

Fiduciary Investing Series – Don’t REIT around the bush

• • 2 Comments

This blog has been written by Robert Boyd, Director, Scotiatrust Real Estate Investment Trusts, or REITs as they are commonly referred to, are companies that own real estate which generate an income. They can be a useful investment vehicle as they are often well diversified and can allow an individual to invest in the real estate market without purchasing a property, while avoiding the ongoing maintenance that comes with outsight….

Fiduciary Investing Series – Don’t REIT around the bush Continue Reading »

Uncategorized

Intestacy Reform Overdue in Ontario?

• • 3 Comments

Saskatchewan recently amended its intestacy rules through the enactment of The Intestate Succession Act, 2019 (the “Act”), replacing the former 1996 statute. “Intestacy rules” are the rules that govern the division of a deceased person’s estate if the person dies without a will, or a portion of an estate if a person dies with a will but the will does not dispose of the entire estate.[1] The Act differs in….

Intestacy Reform Overdue in Ontario? Continue Reading »

Uncategorized

Fiduciary Investing Series – Powers of Attorney and Investment Portfolios

• • 1 Comment

  This blog has been written by Robert Boyd, Director, Scotiatrust. When one assumes the role of power of attorney for property, it is often taken as a duty or even an honour. The fact that someone is willing to bestow the responsibility to take care of their financial affairs in their greatest time of need is a recognition of a trust that you will act in their best interests…..

Fiduciary Investing Series – Powers of Attorney and Investment Portfolios Continue Reading »

Power of Attorney, Uncategorized
Scroll to Top