Total 473 Posts
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.
….
Ontario Court of Appeal Considers When is a Gift Not a Gift Continue Reading »
Estate Litigation, Succession Planning, WillsMy 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.
….
Grandfathered Agreements Continue Reading »
Canada Revenue Agency, Estate Planning, Executors, Insurance, Loans, Tax Issues, WillsAlmost 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.
….
Rosa Parks’ Estate Tied Up in Litigation as Her Memorabilia Goes to Auction Continue Reading »
Contested wills, Estate Litigation, Estate Planning, Executors, Trustee, Trustee Disputes, United States, WillsThe testator disinherited her only son who was 51 years old and suffered from Hepatitis C. The son sought an order that adequate provision be made for his proper maintenance and support from his mother’s estate. A good discussion of the principles of dependant support.
….
Man vs. Beast Continue Reading »
Contested wills, Estate Litigation, Philanthropy/Charitable Giving, WillsLast week, the Court of Appeal delivered its judgment in Smith v. Rotstein. The decision appealed from was a summary judgment under old Rule 20 dismissing Ms. Rotstein’s will challenge…..
