In Zerbinati v. Zerbinati 2013 CanLII 86428 (ON SC), the respondents to an application for the determination of the validity of the last will and testament of Valentino Mario Zerbinati (“Valentino”) brought a motion for “non-suit” on the grounds that the formal validity of Valentino’s Will had not been established….
It’s that time of the year when trustees and executors start thinking about tax returns including beneficiary tax information slips. So, are the beneficiaries obliged to hand over their tax IDs to the trustees and executors? Our tax rules provide that the preparer of information slips should make a reasonable…
It is a well-known drafting principle that when draftspersons are drafting Wills (and other legal documents), it is best to avoid: (i) using different words and phrases to describe the same thing; and (ii) using the same words and phrases to describe different things. Two cases illustrate the issues that…
January is Alzheimer’s Awareness Month. Like many of you, I think about Alzheimers quite often; not only the (not so) occasional memory lapses but for anyone who lives with dementia- closely impacting their own lives- the devastation it can bring. Do we need a special awareness month to remind us?…
In the case of Potvin v. Windsor Police Services Board one of the plaintiffs (and the main complainant) was represented by the Public Guardian and Trustee as litigation guardian. Mr. Potvin claimed he was hit in the head by a Windsor Police officer while being arrested which will cause him…
This is my 4th annual year end investment review for Trusts. Last year at this time, I went out on a limb and quoted a Globe & Mail reporter who predicted that the equity investment returns for 2013 would be 6% plus or minus 29%. You will be happy to…
Gail Evans died intestate on July 30, 1992. She was survived by her two sons from a first marriage, Richard and Donald, and by her second husband, Carlton. Carlton was the administrator (i.e. estate trustee) of Gail’s estate. The parties agreed Carlton was entitled to a preferential share of $75,000…
A spousal trust, by definition is a trust that must pay or make payable all of its income to the spouse beneficiary on an annual basis. Nevertheless, there may be a good reason to have the income taxed in the spousal trust. The spouse beneficiary may have in a given…
Today’s blog was written by Katie Ionson. The Tax Court of Canada’s decision in Brent Kern Family Trust v. R was released on October 17, 2013. Brent Kern is the first reported case to apply the watershed decision of the Federal Court of Appeal (the “FCA”) in R. v. Sommerer,…
Happy New Year. I write this blog at the end of 2013 while we have power. What I mean is we have power back after 4 days without. We were one of the lucky ones- without heat or hydro for only 4 days. Our phones and internet are still not…
