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Is Priority Given to a Spouse/Common Law Partner to be an Executor in an Intestacy?

This Bog was written by; Sally Lee Is Priority Given to a Spouse/Common Law Partner to be an Executor in an Intestacy? No, but I can understand why this misconception exists. Subsection 29(1) of the Estates Act creates the confusion by naming the surviving spouse/common law partner before the next of kin, which leads many to believe that there is in fact a priority of appointment to the surviving spouse/common….

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Estate Administration and Probate Applications, Executors, Uncategorized

Estate Trustees and Costs of Litigation: Try not to take it personally?

In the work I do, I am asked to provide expert testimony to support litigation. In some cases, I am often quite surprised to what extent parties will continue to litigate matters that appear to be “no-wins” or for small dollar amounts. Depending on the circumstances, parties have taken the personal brunt of litigation costs that may far exceed the amount in question, due primarily to their own intransigence. A….

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Attorney Compensation, Contested wills, Costs, Estate Administration, Executors, Family Conflict, Liability, Property, Trustee, Trustee Disputes, Uncategorized, Wills

Lessons Learnt from Children: Making A New Friend

I had previously blogged on the state of loneliness and the efforts being made in the UK with the creation of a Minister of Loneliness. We know that this is also a huge problem in own backyard and one that we continue to need to be aware of. My colleague recently shared a new campaign originating in the UK called the “End Loneliness” with a conference in October 2018 touted….

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Elder Care, Uncategorized

Profit Pastor Has His “Bill Clinton” Moment

On August 17, 2018, Justice Fred Myers released his reasons for dismissing a pastor’s request to extend a July 2018 publication ban and order sealing the court file in respect of a paternity lawsuit brought by the pastor against a former congregant and lover who claimed he had fathered her child. Martin Kofi Danso, a Toronto pastor and self-styled “prophet”, is the founder of Miracle Arena for All Nations, a….

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Update: Ford Government Rolls Back Changes to ODSP General Regulation

In my last blog I described some important changes to the Ontario Disability Support Program (“ODSP”). Specifically, I looked at certain provisions of Ontario Regulation 278/18 (“Amending Regulation”), which amended Ontario Regulation 222/98, the General ODSP Regulation (“ODSP Regulation”), to: eliminate the $10,000 limit on voluntary payments to ODSP recipients in any 12-month period, which include payments from a trust, payments from a life insurance policy, and gifts; and designate….

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Uncategorized

PENSION PLAN LUMP SUM PAYOUTS

This fact scenario is based on a situation presented to me recently and I appreciated the opportunity to being “re-educated” on the tax treatment of pension plan lump sum payments. A taxpayer’s spouse retires as a teacher and elects to start receiving her guaranteed pension. A couple of year later, the spouse passes away from cancer and the taxpayer being the beneficiary of his spouse’s pension plan elects to receive….

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Canada Revenue Agency, Estate Administration, In the News, Tax Issues, Uncategorized, Wills
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