Total 458 Posts
Many individuals make donations to charities in their Wills. Not only does this fulfill philanthropic goals, but it also provides a tax benefit. Making a charitable gift by will provides donation tax credits which can be used to offset the deemed disposition of capital property that occurs on death…..
Charitable Donation Tax Credits – When Can They Be Utilized? Continue Reading »
Estate Planning, In the News, WillsIn a recent court of appeal decision, the court upheld the trial judge’s costs award and reiterated the deference allotted to trial judges when exercising discretion to fix costs. In Prelorentzos v. Havaris, the court dismissed the appellant’s appeal. At trial, the appellant was found to be the deceased’s common law spouse and was awarded $30,000 from his estate. However, the trial judge was frustrated with the lack of disclosure….
Court of Appeal Confirms New Approach to Costs in Estate Litigation Continue Reading »
Contested wills, WillsA couple of years ago a survey revealed that only 18% of first time executors were aware of the first step in the administration of an Estate – locate the Will….
Where do you look for an original Will and what do you do if you cannot find it?? Continue Reading »
Estate Planning, Executors, WillsThe legal test for testamentary capacity is well-established in Ontario. In making a determination of whether or not an individual had the capacity to make a will, the evidence of a certified capacity assessor is often given great deal of weight. However, scientific developments have led to a new type of assessor of a person’s mental health. Meet Ludwig, an artificially intelligent robot who was created to track and monitor signs of Alzheimer’s disease or dementia…..
Robots are Judging You Continue Reading »
Capacity Law, Elder Care, Elder Law, Testamentary Capacity, WillsIf someone has a second will pertaining to foreign assets, and the domestic executors either do not know about this second will, or cannot deal with the foreign executors on a timely basis, would the status of the estate as a graduated rate estate (GRE) be invalidated if only the domestic executors elected for the estate to be a GRE?
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More on Graduated Rate Estates Continue Reading »
Canada Revenue Agency, Estate Planning, Executors, WillsOver the course of my practice I’ve had clients, family and friends all make pronouncements with respect to matters related to Wills and estate planning as if the statements are fact, when in reality they are often myth. Being someone whose profession operates on fact, I will try to set the record straight. From time to time though, the prosthelizer is so certain in his or her “cocktail party advice”, that attempting to set the record straight is challenging. In today’s blog I’d like to debunk some of the myths…..
MYTHS, MYTHS AND MORE MYTHS – WHAT’S THE REALITY? Continue Reading »
Power of Attorney, Probate Tax, Spouse, Wills