Wills

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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

Revisiting Spence v BMO and the case of Discriminatory Wills: Why the saga should not be over

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By: Giancarlo Mignardi, Summer Law Student   Two years later and, given the absence of any further noteworthy cases on point, including a Supreme Court decision, this blogger believes that further discussion about discriminatory wills is warranted. In Spence v BMO Trust Company,[1] the Ontario Court of Appeal (“ONCA”) delivered a strong statement in support of testamentary freedom by concluding that: (1) it is not open to courts of construction….

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Wills

It’s All About The Benjamin Orders

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Did William die? If so, when? These were the central issues addressed in Steele v. Smith, 2018 ONSC 4601. There, the Court had to consider whether the estate trustee of William’s sister’s estate should receive a “Benjamin Order”, permitting the estate trustee to distribute the residue of her estate as if William had predeceased her. The testator (William’s sister) was born in Northern Ireland on December 23, 1922 and later immigrated….

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Estate Administration, Estate Litigation, Wills

Court of Appeal Weighs In On Alcoholism and Testamentary Capacity

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In the recent decision of Dujardin v. Dujardin, 2018 ONCA 597, the Court of Appeal for Ontario considered the validity of wills executed by a testator suffering from chronic alcoholism. Background: Jack and Noel Dujardin (“Jack” and “Noel”) were brothers who jointly owned a farm property that had been in their family since 1958. The brothers lived on the farm together and ran the farming business as a partnership. In….

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Capacity Law, Wills

Graduated rate estate – don’t lose it!

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A graduated rate estate (GRE) is an estate that arises as the result of the death of a person on or after December 31, 2015, and no more than 36 months after the person’s death. The estate at that time must be a testamentary trust. The GRE designation brings with key benefits such as access to the lower marginal tax rates and simpler and more flexible donation rules.  Perhaps more important in….

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Canada Revenue Agency, Estate Administration, Estate Planning, Executors, Tax Issues, Uncategorized, Wills
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