Wills

Total 464 Posts

An Inconvenient Truth: Cross-border Estate Barriers for Non-Resident Executors

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Today’s blog comes to you from Student-at-Law, Derrick Raphael. As a new resident of Canada there are several issues that an individual must consider such as tax implications while residing in the country as well as one’s previous jurisdiction. Additional areas of interest regard how to manage assets, property and other investments when an estate needs to be distributed. Personally as a newcomer to Canada I had yet to think about….

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Estate Planning, Tax Issues, Uncategorized, United States, US Taxes, Wills

Where’s There is a Will (and a Clear One), There is a Way!

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In Campbell v Evert 2018 ONSC 593, the deceased had, in the decade prior to her passing, transferred to Mr. Evert (one of the “kids”) the family cottage valued at $145,000. In her will later that year,  she made a specific bequest of $145,000 to Ms. Campbell, the other “kid’, which was consistent with the value of the cottage at that time. Several years later and prior to her passing,….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Executors, Property, Real Estate, Testamentary Capacity, Trusts, Uncategorized, Wills

Estate Trustees and Costs of Litigation: Try not to take it personally?

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In the work I do, I am asked to provide expert testimony to support litigation. In some cases, I am often quite surprised to what extent parties will continue to litigate matters that appear to be “no-wins” or for small dollar amounts. Depending on the circumstances, parties have taken the personal brunt of litigation costs that may far exceed the amount in question, due primarily to their own intransigence. A….

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Attorney Compensation, Contested wills, Costs, Estate Administration, Executors, Family Conflict, Liability, Property, Trustee, Trustee Disputes, Uncategorized, Wills

A Deathly Reminder

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The recent passing of Aretha Franklin on August 16 means the music industry has lost yet another icon. It also, however, serves a useful reminder – even those who appear to have all the financial success in the world, don’t necessarily ensure their financial affairs are in order. Shortly following the death of Franklin, the world learned she died without a will. See Article.  This was despite the fact that….

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Wills

e-Signed, Sealed, Delivered….and Legal

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Earlier this week, the Law Commission in the UK confirmed that electronic signatures can be used to sign formal legal contracts under English law. John Hancock is rolling over in his grave. In England and Wales, the Law Commission is an independent legal advisor set up by Parliament to review laws and recommend reforms. The Commission has issued guidance and a summary document stating that e-signatures are just as valid as paper signatures. Currently in Canada, certain documents….

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Contested wills, Contracts, Estate Litigation, In the News, International, Power of Attorney, Trusts, Wills

PENSION PLAN LUMP SUM PAYOUTS

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This fact scenario is based on a situation presented to me recently and I appreciated the opportunity to being “re-educated” on the tax treatment of pension plan lump sum payments. A taxpayer’s spouse retires as a teacher and elects to start receiving her guaranteed pension. A couple of year later, the spouse passes away from cancer and the taxpayer being the beneficiary of his spouse’s pension plan elects to receive….

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Canada Revenue Agency, Estate Administration, In the News, Tax Issues, Uncategorized, Wills
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