Total 676 Posts
Written by: Natalie Bender A couple of weeks ago, I posted a blog about Harper Lee’s estate. You may recall that the author of ‘To Kill a Mockingbird’ passed away in 2016, and that the New York Times recently filed a motion to remove the Sealing Order on Probate as a matter of public interest. Harper Lee’s estate has made the news again. A Broadway play based on her….
The Show Must Go On? Continue Reading »
Estate Administration, In the News, UncategorizedThe Canada Revenue Agency provided its views regarding the income tax implications of a gift made by executors of an estate of a deceased individual. The taxpayer died in 2016. His Will named his three sons as equal beneficiaries and co-executors, with no designation of amounts to be given to charitable organizations but giving the co-executors the flexibility to make donations if they wish. His assets at the time of….
Gift of securities by executors of a will Continue Reading »
Canada Revenue Agency, Charitable Giving, Estate Planning, Executors, Tax Issues, Trustee, Uncategorized, WillsClients often ask about how to best ensure their pets are cared for in their estate plans. It’s a topic this blog has covered before, from the care of commercial animals after the owner’s death, to the pitfalls in drafting clauses for the benefit of pets, to the curious case of socialite Leona Helmsley, who famously left $12 million to her dog, a bequest that was successfully challenged by her….
An Estate Plan for Fido Continue Reading »
UncategorizedThe Supreme Court recently released a decision that, while arising in the construction context, has important implications for estates practitioners. In the case of Valard Construction Ltd. V Bird Construction Co. (2018 SCC 8), a majority of the SCC found that, In general, wherever a beneficiary would be unreasonably disadvantaged not to be informed of a trust’s existence, the trustee’s fiduciary duty includes an obligation to disclose the existence of….
A Trustee’s Duty to Disclose: A Recent Ruling from the SCC Continue Reading »
UncategorizedI was traipsing thru some estate journals and articles recently and I stumbled upon the reporting of a recent matrimonial case which gave me pause, and to many practitioners in estate and matrimonial matters, I am sure. Practitioners have long held the view that entitlement to spousal support under most matrimonial settlements do not survive the death of the spouse receiving the support. As one Justice noted in a recent….
SPOUSAL SUPPORT AND BEYOND? Continue Reading »
Contracts, Estate Administration, Estate Litigation, Estate Planning, Executors, In the News, Separation, Spouse, Uncategorized
This Blog was written by: Natalie Bender For many of us, Harper Lee’s acclaimed novel “To Kill a Mockingbird” was a staple on our high school reading list (and was likely one we re-visited in university). The novel is a Pulitzer Prize winner, and has become a classic in American literature. It has sold more than 40 million copies since it was published in 1960. There has always….
To Kill a Mockingbird, part II Continue Reading »
Elder Law, In the News, Uncategorized, United States