Wills

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Gift of Ecologically Sensitive Lands and the Carryover period for charitable donation deduction

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In Yellow Point Lodge Ltd. v, The Queen DTC 1130, the Company owned certain lands on Vancouver Island, mostly undeveloped and in its natural state. In June 2008, the Company granted a covenant and other specified legal interests with respect to a parcel of ecologically-sensitive land, to two organizations, with estimated fair market value in excess of $5 million. Initially, the Company did not claim a deduction in respect of….

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Canada Revenue Agency, Estate Administration, Estate Donations, Estate Planning, Real Estate, Tax Issues, Uncategorized, Wills

When Spouses “Separate” Due to Changing Medical Needs

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This blog was written by Christina Papadopoulos, student-at-law at de VRIES LITIGATION LLP. How does a physical separation caused by the admission of one spouse into a long-term care facility impact the interpretation of a will? This was the question posed to the Ontario Superior Court of Justice in Stuart v. Stuart, 2019 ONSC 4328. In that case, a married couple lived together in a property they owned as tenants….

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Contested wills, Elder Care, Elder Law, Estate Administration, Estate Litigation, Estate Planning, Spouse, Wills

Grammar saves lives

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  In this week’s blog I’m going to try to do the impossible; make syntax and legal drafting interesting. Why? One comma can be the difference between life and death. It’s the difference between: Let’s eat Grandma! and Let’s eat, Grandma! Legalese, not so easy In the context of an estate, how do you interpret the following? All of the residue and remainder of my property I give and devise….

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Contested wills, Contracts, Estate Litigation, Uncategorized, Wills

Celebrity Estates – Not Immune from the Trials and Tribulations of Estate Planning and Litigation

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With TIFF in full swing, celebrity worship is in overdrive. However, celebrities also deal with the mundane and there is often nothing glamorous about their estates. In fact, like the rest of us mere mortals, celebrities do not have a lock on getting things right. So often, there is so much money sloshing around, coupled with the absence of a properly drawn will, that estate fights are inevitable. Michael Jackson’s….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Family Conflict, Fiduciary Professions, Interest, International, Succession Planning, Tax Issues, U.S. Citizen, United States, US Taxes, Wills

Fraudulent Conveyances and Your Estate

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It is well known that Ontario testators enjoy the freedom to distribute their estates as they wish (provided their statutory obligations are met); however, the recent case of RBC v. Scarborough, 2019 ONSC 3369, reminds readers to be cognizant of the impact of debts and liabilities upon those who may stand to benefit from an estate, as well as the ramifications of taking steps to deal with one’s estate in….

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Estate Administration, Estate Litigation, Estate Planning, Executors, Joint Tenancy, Loans, Wills

The Jeffrey Epstein “Plot” Thickens…Last Will and Testament Signed 2 Days Prior to Death!

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Jeffrey Epstein (“Epstein”) signed a will just 2 days before he was found dead in his jail cell, raising new queries about his final days inside the Manhattan Correctional Centre, where he was awaiting trial on federal sex trafficking and conspiracy charges. This new development adds to what is likely going to be a long battle over the estate of the financier and convicted pedophile. While the criminal charges against….

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Estate Administration, Estate Planning, In the News, Wills
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