Total 457 Posts
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…..
“I’ve signed my Will…now what?” Continue Reading »
Wills
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)…..
When Is A Signature Not A Signature? Continue Reading »
Estate Administration and Probate Applications, Estate Litigation, Wills
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….
Assessing Drake’s Estate Planning Needs Continue Reading »
Estate Administration, Estate Planning, In the News, International, Probate Tax, Property, Real Estate, Succession Planning, Tax Issues, WillsToday’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….
Don’t let your favourite TV show fool you… Continue Reading »
WillsThe 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….
CRA issues favourable ruling on post-mortem pipelines Continue Reading »
Canada Revenue Agency, Estate Planning, Small Business, Succession Planning, Tax Issues, WillsThis blog was written by Sierra Nunno While many young people cling to the acronym YOLO, which stands for ‘you only live once,’ the truth is YODO… you only die once. Ideally, upon death, our wishes are carried out according to plan and we rest peacefully. But what if there was no plan in the first place? The Covid-19 pandemic has forced young Canadians to confront an uncomfortable reality –….
YODO! – You Only Die Once Continue Reading »
Estate Planning, Wills