All About Estates

Month: April 2017

Total 18 Posts

Estate Trustee Awarded Costs for Unnecessary Passing of Accounts

In a recent court decision, Pochopsky Estate, the court found the Deceased’s four children (the “Beneficiaries”) jointly and severally liable for the estate trustee’s costs related to an application compelling him to pass his accounts.  The Beneficiaries had obtained an order compelling the estate trustee to account. The court ultimately…

Continue Reading

QUALIFIED DISABILITY TRUST (“QDT”): HOW TO FILE A JOINT ELECTION?

Recently, the Canada Revenue Agency (“CRA”) issued a “how to file” the joint election for a trust to be a QDT: https://www.cra-arc.gc.ca/E/pbg/tf/t3qdt/README.html From 2016 forward, this form is to be used if one or more beneficiaries are jointly electing that the trust be designated to be QDT for the year….

Continue Reading

An Innovative Dementia-Friendly Community

I recently attended a symposium presented by the Canadian Research Network for Care in the Community.  The topic was “Living Well With Dementia: Toward Dementia-Friendly Policy”.      Two European presenters including  Henk Nies, from Amsterdam and Eckart Schnabel from Berlin discussed their care standards for Persons Living With Dementia (PLWD). Dr….

Continue Reading

Budget 2017 – Ecological Gifts Program

On March 22, 2017 (“Budget Day”), the Federal Government tabled the second budget (“Budget 2017”). While Budget 2017 focuses on building and supporting a strong middle class and economic growth, there are no new tax incentives for the charity and not-for-profit sector. The most significant development to the charity and…

Continue Reading

You can’t wear two pairs of shoes at a time

This Blog was written by: Robert Boyd To anyone who may have a pang of guilt when approaching the counter at an airport duty free with a bottle under each arm, there was no need, you were indirectly contributing to global education and medical research. Chuck Feeney grew up in…

Continue Reading

Summary Judgment Motions and Fraudulent Concealment

Justice Newbould wrote an interesting and comprehensive decision regarding the two year limitation period under section 38 of the Ontario Trustee Act.  It seems that the two-year limitation period may not be as infallible as estate litigators think. Nancy Wagg had three children – Anita, Yvonne and John.  Nancy was…

Continue Reading

Taxpayers have rights too!

As a Canadian taxpayer either alive or their estate, you (or your personal representative) has rights in your dealing with the Canada Revenue Agency (CRA) as follows: To receive entitlements and to pay no more and no less than what is required by law. To service in both official languages….

Continue Reading

Thank a Family Caregiver

Tomorrow April 4, 2017 is Ontario’s first annual Family Caregiver Day. Family caregivers support the very fabric of our society.  It is not only about caring for older adults as it includes anyone who is in need of assistance. The Oxford Dictionary defines ‘care’ as a “the provision of what…

Continue Reading