All About Estates

Month: August 2017

Total 12 Posts

Principal residence exemption and fire loss

The Canada Revenue Agency (CRA) was asked to comment on the availability of the principal residence exemption (PRE) when a previously occupied property is destroyed by fire and a decision is made to sell the property in a later year. The taxpayer purchased a house in 2010 which was ordinarily inhabited…

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What Gets Your Spidey Sense Tingling?

If an older individual was brought to your law office by a non family member and they wanted to appoint the individual as POA for Property and Personal Care, would you be suspicious?  Or what about if the request was to either change a will or to make a will,…

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The Honour of Being Named a Trustee?

When you are appointed to act as a “trustee”, you are being asked to take on the control and management of property, but for the benefit of other persons, called the beneficiaries. The beneficiaries are usually family members of the person who established the trust.  The person who established the…

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A Brief Review of Solicitor’s Negligence

Claims against solicitors for negligence often arise in the context of estates cases, whether it be the failure of a lawyer to ensure that a testator’s wishes are accurately reflected in his/her will, to neglecting to confirm the testator had the requisite capacity and was not subject to undue influence…

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Valuators – 2018 Might be a Very Good Year

I mentioned in my last blog that the government is proposing measures to limit the application of the lifetime capital gains exemption (“LCGE”) to owners of eligible small business corporations, based on age and “reasonableness”. Subject to certain exceptions, the proposals ensure that property held by a trust will no…

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A Good Life & A Good Death

A long time client of ours passed away last week.  She was able to remain at her own home and die in her own bed.  So many of us wish, when the time comes, that we could do the same.  We know this is not the ending place that most…

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Advertising for Creditors Just Became Easier in Ontario…Officially!

Last year, a fellow blogger and colleague blogged about “NoticeConnect”, a service to advertise for creditors, which has been thought to be sufficient protection for estate trustees in Ontario. Last month, the Ontario Superior Court of Justice in the Mills v Dale judgment approved this service as an appropriate method…

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Amendments to the ODSP Act Regulations

This blog was contributed by Elizabeth Bozek, B.Sc. (Hons), LL.B., Estate and Trust Consultant at Scotia Wealth Management in Toronto. _______________________________________________________________________________ Estate planning for beneficiaries who receive Ontario Disability Support Program (“ODSP”) has been a careful balancing act to ensure entitlement to the benefits is preserved. Some relief has finally been announced…

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Fair Tax Plan is Not Fair

When I was a child I would get together with kids in the neighborhood and we would play games like racing toy cars. Someone would call out the rules and the games would go for hours to the delight of our parents. On occasion one of the kids would do…

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Pre-Conception Parentage Agreements

Over my past several blogs I have looked at the new rules for determining parentage introduced in the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016, S.O. 2016, c. 23 (“Act”), since it is important for estate planners to understand and appreciate the variety of…

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