Wills – Page 60 – All About Estates

Court of Appeal Confirms New Approach to Costs in Estate Litigation

Diane Vieira • October 5, 2016

In 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….

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Where do you look for an original Will and what do you do if you cannot find it??

Paul Fensom • September 19, 2016

A 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….

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Estate Planning, Executors, Wills

Robots are Judging You

Joanna Lindenberg • September 13, 2016

The 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…..

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Capacity Law, Elder Care, Elder Law, Testamentary Capacity, Wills

More on Graduated Rate Estates

Derek de Gannes • August 30, 2016

If 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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Canada Revenue Agency, Estate Planning, Executors, Wills

MYTHS, MYTHS AND MORE MYTHS – WHAT’S THE REALITY?

Corina Weigl • August 19, 2016

Over 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…..

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Power of Attorney, Probate Tax, Spouse, Wills

Once a Qualifying Spousal Trust, Always and Qualifying Spousal Trust – and a Note on Deathbed Holograph Wills

Katie Ionson • August 12, 2016

During the June 10, 2016 Toronto STEP Conference Roundtable, the CRA was asked to provide its views on paragraph 8 of IT-3054, which states: Once a trust qualifies as a spouse trust under the terms of subsection 70(6), it remains a spouse trust and is subject to the provisions affecting such trusts (for example, paragraph 104(4)(a)) even if its terms are varied by agreement, legal action or breach of trust…..

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Trusts, Wills