Wills

Total 458 Posts

YODO! – You Only Die Once

This 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 –….

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Estate Planning, Wills

Charitable remainder trusts: what are they and when are they useful?

A charitable remainder trust (CRT), although not widely used in Canada, can be a useful charitable giving tool that generates an immediate tax credit for the donor. In an inter vivos context, an individual establishes an alter ego trust and transfers property to the trust on a tax-deferred basis. The trust holds the property for the benefit of the individual during the individual’s lifetime, entitling the individual to the trust’s income but….

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Canada Revenue Agency, Charitable Giving, Estate Donations, Estate Planning, Tax Issues, Wills

The Question of Executor: Who, What, When, Where and Why?

This blog was written by Maggie Dalke – Estate and Trust Consultant with Scotia Wealth Management Estate planning can be very complex and there is always a lot of detail to cover with our clients. We look at how to achieve a tax efficient estate, address estate liquidity, beneficiary designations, family dynamics, cross-border considerations and how estate law intersects with other areas of law such as family law, corporate law….

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Estate Planning, Executors, Wills

A Tale of Two Versions: The Court of Appeal Invalidates a Will

My colleague Joanna Lindenberg and I had previously blogged on the case of Bayford v. Boese (the decision and the costs decision, respectively) where the court upheld the validity of a challenged will (the second of two ‘versions’ of the same will). However, in Bayford v. Boese, 2021 ONCA 442 the Court of Appeal has set aside the lower court’s decision and invalided the will. The deceased Bruce Boese had….

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Contested wills, Estate Litigation, Executors, Wills

The Anxiety of Preparing an Estate Plan: What can we do to help

This Blog was written by Emily Racine, Estate and Trust Consultant with Scotia Wealth Management After being in this business for nearly a decade, I often hear from clients about the stress and worry that is associated with estate planning. This stress can often cause a blockage for some clients forcing estate planning considerations to be put off to the side and stalling clients from having their plan completed. There….

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Estate Planning, Wills

Capacity to Marry: Balancing Autonomy with Protection of the Vulnerable

Capacity to marry is often raised in the context of an allegation of a predatory marriage. But what about when the adult children disapprove of the union and devise a scheme to protect their inheritance from the purported “gold digger”? This was the scenario in the case of Tanti v Tanti et al., 2020 ONSC 8063. The relationship between Paul Tanti (“Paul”) and Sharon Joseph (“Sharon”) was never accepted by….

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Capacity Law, Dependant Support, Estate Litigation, Wills
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