Wills

Total 457 Posts

TFSA’s and Survivor Payments: Impact of Fair Market Value.

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In this space, sometime ago, a fellow blogger wrote about how survivor payments made out of a deceased’s tax free savings account (TFSA)  to the deceased’s spouse TFSA would qualify as an “exempt contribution” (i.e. the contribution room in the surviving spouse’s TFSA would not be affected by the addition of these funds), even if the spouse was not designated beneficiary of the TFSA. What are the implications to the….

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Canada Revenue Agency, Estate Administration, Investments, Property, Tax Issues, Uncategorized, Wills

From e-Wills to Blockchain Estates

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This blog was written by Isabelle Cadotte – Estate and Trust Consultant with Scotia Wealth Management One of the silver linings of the pandemic has been our collective rethinking of how we work and our willingness to embrace technology that helps us stay connected and work smarter. From remotely sworn affidavits, to virtual courtrooms and e-filings, courts across the country are embracing the opportunity to modernize their processes and increase….

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Contracts, Courts, Estate Planning, In the News, Uncategorized, Wills

Listing in a Time of COVID

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Regular court operations and limitation periods/statutory deadlines continue to be suspended in Ontario due to COVID-19 (as discussed further in my previous blog). However, this does not mean that litigation is somehow frozen or that deadlines in previous court orders do not apply. One party learned this painful lesson in Lima v. Ventura (Estate of), 2020 ONSC 3278. The facts in this case are depressingly common in Toronto. A deceased….

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Estate Administration and Probate Applications, Estate Litigation, Wills

ON A PAPER NAPKIN, DID YOU SAY?

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The Queen’s Bench for Saskatchewan was recently asked (in the case of Gust vs. Langan et al., 2020 SKQB 42) whether a will handwritten on a paper napkin created by the deceased sometime before his death met the requirements of being a valid will under the relevant Act to permit it to be accepted as a valid holograph will.  The Court had to decide whether the will met the test….

ON A PAPER NAPKIN, DID YOU SAY? Continue Reading »

Contested wills, Courts, Estate Administration, Estate Litigation, Family Conflict, Property, Wills

Where There is a Will, There is a Way

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This post is a culmination of the works of various members of Fasken LLP. Have you ever thought to yourself, “I wish I knew the basics of Will formalities in other provinces”?  In this post, we hope to expand our horizons beyond Ontario to provide a brief overview of the witnessing requirements for Wills across Canada (particularly, Ontario, Québec, British Columbia, and Alberta). Currently, at least two provinces (Ontario and….

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Wills

Virtual Will Signings and Access to Justice: Do Social Distancing Measures in Estate Law Help Everyone?

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This Blog was written by Emily Racine, Estate and Trust Consultant with Scotia Wealth Management COVID-19 has changed the landscape in almost all aspects of our day to day lives. This includes the practice of estate law. With so many vulnerable individuals looking to complete their estate plan in the days of social distancing, organizations like the Law Society of Ontario have had to embrace change. With the introduction of….

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Estate Planning, In the News, Wills
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