Wills

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Potential Cost of Witnessing a Will

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Across Canada, the provinces have built safeguards against undue influence into their law regulating wills: if the witness or the witness’ spouse receives a gift of property under the will, that gift is void. Unfortunately, this rule has the potential to disinherit innocent beneficiaries who unwittingly agree to act as witnesses to the will. This was the situation before the Supreme Court of British Columbia in Wolk v Wolk, 2021 BCSC 1881…..

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Family Conflict, Wills

“I’ve signed my Will…now what?”

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You’ve met with your client for a final signing meeting. They can breathe a sigh of relief – their Will (or Wills) and Powers of Attorney are done! I have bad news – the process isn’t quite done yet. Of course, you will prepare a reporting letter,  send your final account, and, if you store original documents, ensure the documents are safely stored and that your database is updated accordingly…..

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Wills

When Is A Signature Not A Signature?

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Under the Succession Law Reform Act (SLRA), a will or codicil must be “signed” to be valid. The case of BMO Trust Company v. Cosgrove, 2021 ONSC 5681 considered what handwritten form of a person’s name constituted a signature. Nola Louise Bogie hired a lawyer to prepare her will. However, by 2017, Ms. Bogie’s lawyer had been suspended by the Law Society of Upper Canada (as it was then known)…..

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Estate Administration and Probate Applications, Estate Litigation, Wills

Assessing Drake’s Estate Planning Needs

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As a Toronto native, I couldn’t help but listen to rapper Drake’s highly-anticipated new album Certified Lover Boy, which he released just a few weeks ago. In fact, it has been enjoying record-breaking streaming numbers from music fans around the world, amassing a staggering 153 million global Spotify streams in its first 24 hours of release. Drake and his music are clearly influential on a global level. Drake’s songs have….

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Estate Administration, Estate Planning, In the News, International, Probate Tax, Property, Real Estate, Succession Planning, Tax Issues, Wills

Don’t let your favourite TV show fool you…

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Today’s blog was written by Courtney Lanthier, law clerk at Fasken LLP I was watching a show recently where, when a character passed away, he left his family a video message that included how he wanted to divide his estate. As someone who recently started drafting wills and working through estate administration files, I immediately thought – would this be considered a valid will? While a videotaped message setting out….

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Wills

CRA issues favourable ruling on post-mortem pipelines

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The Canada Revenue Agency (CRA) has been asked on numerous occasions to weigh in on whether specific post-mortem planning implemented by taxpayers to avoid double taxation would result in a deemed dividend. In a recent ruling, the CRA concluded that it would not apply either specific tax rules or the General Anti Avoidance Rule (GAAR) to the proposed transactions. When an individual dies holding shares of a private corporation with….

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Canada Revenue Agency, Estate Planning, Small Business, Succession Planning, Tax Issues, Wills
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