Archive for the ‘Wills’ Category

How to Get Other Pockets to the Table: Adding Parties And Dependant’s Support

Wednesday, September 17th, 2014

Can individuals who may have an obligation to support a person making a dependant's support claim against an estate be added as parties to the support claim? That was the question before the court in Brash v. Zyma. The short answer? Yes. In 2012, Charles Douglas Brash died. At the time ...

POWERS OF ATTORNEY AND ALTER EGO TRUSTS

Tuesday, September 16th, 2014

My fellow bloggers and I have written in the past about the ins and outs of legitimate probate fee avoidance arrangements available to a testator. These arrangements include an intervivos transfer of assets such as alter-ego trusts. Care and advice must be taken to ensure that the transfer of assets ...

WHO KNEW THERE IS A BENEFIT TO HAVING TWO SPOUSES

Friday, September 5th, 2014

Under the Income Tax Act (Canada) when a taxpayer dies they are deemed to dispose of all capital property that they own. The result is a realization of all accrued capital gains and an income tax liability in respect of those gains. A deferral of this liability exists ...