All About Estates

Category: Uncategorized

Total 102 Posts

Ready to Rumble: Law of Trusts vs. Law of Contracts

This Blog was written by : Peter Meitanis   In a battle that dates back to the Medieval Ages, two bitter rivals are back at it again. The location of the latest bout is British Columbia’s Court of Appeal. Get your popcorn ready folks. Trust law is out for blood,…

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The Utility (or lack thereof) of Extrinsic Evidence When Interpreting a Will

This blog is written by Ronald Neal, student-at-law. Can one rely on extrinsic evidence (i.e. evidence that relates to a will but is not contained in it) to establish the intentions of a testator? This was a question recently considered by the Ontario Superior Court of Justice in Campbell v. Evert [1]….

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Know Your Client

This Blog was written by: Liz Bozek Most countries, including Canada, have anti-money laundering (AML) policies, and many require that all financial institutions strictly abide by those policies to support efforts against financial crime. At the heart of these compliance measures is the ever-increasing need that institutions and professionals know…

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SHAREHOLDER REMUNERATION PLANNING

Business owners-managers put money in and take money out on a regular basis during the year, and at the same time often use the business bank account for what may appear to be personal expenditures. This often leads to shareholder advance balances at year end and some major bookkeeping challenges…

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Death and TOSI

In my previous blog I looked at the revised rules for the tax on split income, or “TOSI”, that were released on December 13, 2017. In that blog I noted there are special rules that apply in respect of income and gains on property that is acquired as a consequence…

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Terms of Endearment and Estrangement

This blog was written by Sue Noorloos LLB, an Estate and Trust Consultant with Scotiatrust in London. Estrangement is defined as “one or more relatives intentionally choosing to end contact because of an ongoing negative relationship”, according to a recent article published in the New York Times called Debunking Myths…

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Post-Death Decline in the Value of RRSP or RRIF: What Happens?

Generally, when an annuitant of a Registered Retirement Savings Plan (“RRSP”) or a Registered Retirement Income Fund (“RRIF”) dies, the Canada Revenue Agency (“CRA”)  will consider that the annuitant received, immediately before death, an amount equal to the fair market value (“FMV”) of the property held in the RRSP or…

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Joint Tenancy and Right of Survivorship

There has been much case law surrounding the difficulties that may arise when a parent and adult child are joint tenants with respect to real property. In the Ontario Court of Appeal (the “Court”) decision, Jansen v. Niels Estate[1], the Court was faced with the issue of whether Theadora Niels’…

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Who Will Milk the Cows Tonight?

This post is by Carol Willes, LLB, of Scotiatrust. This week I want to share some challenges and practical tips for personal representatives administering tangible but unique estate assets. Art & Artifacts Paintings, sculptures, collectibles and cultural items, etc.  Establishing the value of art is an exercise in discerning authenticity…

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Don’t Make a Proprietary Estoppel You Don’t Intend to Keep

This article was co-authored with Ronald Neal, student-at-law. In its recent decision of Cowper-Smith v. Morgan, 2017 SCC 61, the Supreme Court of Canada expanded the application of the doctrine of proprietary estoppel to find that a person can be bound to fulfill a promise she makes in respect of…

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