Wills

Total 458 Posts

Interrelation of Family Law and Estate Planning

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With many couples, one or both spouses have had previous marriages or common law relationships. For many reasons, these couples’ estate planning instructions are not usually the traditional “all to my spouse with a gift over to my issue”, and clients should understand how their estat planning decisions may be impacted by family law…..

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Capacity Law, Estate Planning, Family Conflict, Power of Attorney, Property, Spouse, Wills

AVOIDING PROBATE FEES WITH A POWER OF ATTORNEY?

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Much has been written about probate fee avoidance. Can you with a power of attorney engage in probate fee avoidance on behalf of a testator whose estate may be subject to probate fees?
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Capacity Law, Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Executors, Guardianship, Joint Tenancy, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Probate Tax, Property, Wills

Ontario Court of Appeal Considers When is a Gift Not a Gift

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In McNamee v. McNamee, the Court of Appeal reviewed the essential ingredients of a legally valid gift. The issue on appeal was whether 500 common shares in the family business, which had been transferred to Mr. McNamee Jr. constituted a gift for the purposes of s. 4(2) of the Family Law Act.

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Estate Litigation, Succession Planning, Wills

Grandfathered Agreements

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My most recent blogs have explored the possible use of life insurance to completely eliminate the capital gain on death (assuming that sufficient insurance was in place) provided certain stop-loss rules do not apply. Not all was lost because, “grandfathered” agreements could prevent the application of the stop-loss rules.

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Canada Revenue Agency, Estate Planning, Executors, Insurance, Loans, Tax Issues, Wills

Rosa Parks’ Estate Tied Up in Litigation as Her Memorabilia Goes to Auction

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Almost six years after her death, the estate of civil rights hero Rosa Parks is still being litigated. Court pleadings recently filed with the Michigan Supreme Court reveal details over the fight for control over her estate.

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Contested wills, Estate Litigation, Estate Planning, Executors, Trustee, Trustee Disputes, United States, Wills
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