All About Estates

Brittany Sud

Total 20 Posts

Brittany Sud is a member of the Trust, Wills, Estates and Charities Group in Fasken Martineau’s Toronto office.
Brittany is developing a broad estates and trusts practice with a focus on planning and administration matters. As part of her practice, Brittany assists high net worth clients, entrepreneurs and professionals with Wills, powers of attorney, domestic contracts and trusts. She has experience developing and implementing cohesive estate plans that reflect the financial objectives and short and long-term goals of clients, including advising on probate planning, family business succession planning, asset protection strategies and disability planning. Brittany’s estate administration practice includes preparing applications for probate and administering the Canadian estates of non-residents.
Outside of the office, Brittany enjoys playing softball and tennis, travelling and cooking. She is a dedicated volunteer of the United Jewish Appeal, Jewish National Fund, One Family Fund and Baycrest Foundation.
Community Involvement
• Host, Baycrest Foundation – Game Night for Baycrest, 2015
• Chair, Pitch for Israel Softball Tournament, 2014-2016
• Vice-Chair, United Jewish Appeal Young Lawyers Leadership Campaign Canvassing Team, 2016
Memberships and Affiliations
• Member, Canadian Bar Association
• Member, Ontario Bar Association – Trusts and Estates Law Section
• Member, Ontario Bar Association – Young Lawyers’ Division
• Student Member, Society of Trusts and Estates Practitioners (STEP) Canada

Sibling Rivalry Over Mother’s Competency

In 2009, Hermine Wekerle, mother of financier and Dragon’s Den star, Michael Wekerle, signed an unconditional power of attorney for property giving one of her three daughters, Caron, authority to be her substitute decision-maker. In 2016, acting under the power of attorney for property, Caron agreed to sell a little…

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Occupation of the Principal Residence held in an Alter Ego Trust

The CRA was asked whether the fact that the spouse of the settlor/beneficiary of an alter ego trust inhabits the principal residence of the trust would taint the trust for the purpose of subparagraph 73(1.01)(c)(ii) of the Income Tax Act (“subparagraph 73(1.01)(c)(ii)”). The CRA’s response was favourable. It explained that…

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Latin Terms, “Per Stirpes” and “Per Capita”, Still Present in Wills

Estate planners commonly use the Latin term, “per stirpes”, when drafting wills, but most lay people have no idea what the term even means. This arcane term differs from the less commonly used, but still present, Latin term, “per capita”.  It is important to understand the difference between these two…

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Canadian Snowbirds Buying U.S. Property

Canadian snowbirds flock to Florida to assess the damages caused to their vacation homes following Hurricane Irma. For those who find their homes destroyed by the powerful storm, they may wish to buy new properties altogether.  There are various ways to buy a vacation property in the U.S. and things…

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Morneau Stands Firm on Tax Proposals

Minister of Finance Bill Morneau (“Morneau”) met with small-business owners in British Columbia earlier this week to hear their complaints about and concerns with the tax proposals which were launched on July 18, 2017. With a consultation process of only 75 days, doctors, farmers, small business advocacy groups and various…

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The Ontario Estate Information Return – An Estate Trustee’s Nightmare

As of January 1, 2015, a Regulation under the Estate Administration Tax Act, 1998, O Reg 310/14 requires estate trustees to give an Estate Information Return to the Ministry of Finance within 90 calendars days of a certificate of appointment of estate trustee (“Estate Certificate”) being issued. The Estate Information…

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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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Under what Circumstances can an Insurer Deny Payment of a Death Benefit to a Beneficiary under a Life Insurance Policy?

Depending on the specific terms of an insurance contract, under certain conditions, an insurer may adjust a death benefit under a life insurance policy, or deny payment altogether. For example, if an insured person commits suicide within two years after the day the policy or coverage is issued or last…

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Tidbits from the CRA

Earlier this week I had the pleasure of attending STEP Canada’s 19th National Conference, where I, along with over 700 other trust and estates professionals from across Canada, had the opportunity to hear from engaging and thought-provoking speakers on a diverse range of trust and estates topics. One of the…

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Separation and Divorce: Implications

In Ontario, there are significant implications when a couple (both common-law and married) separates and when a couple divorces. As more and more couples live in common-law relationships as well as the rate of divorce in this day and age, it is important to consider the following implications.  Separation –…

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