All About Estates

Tag: Brittany Sud

Total 13 Posts

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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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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The Intersection between Family Law and Estates Law

The Family Law Act, R.S.O. 1990, c. F.3 provides that when a spouse dies and the surviving spouse’s net family property[1] is less than the net family property of the deceased spouse, the surviving spouse may elect to take one-half of the difference between the net family property of the…

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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…

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Mutual Wills versus Reciprocal Wills

In the Ontario Superior Court decision, Lavoie and Trudel, 2016 ONSC 4141 (“Lavoie and Trudel”), the court was tasked with determining the validity of a will made on December 5, 2007 (the “2007 Will”) by the deceased, Lucien Trudel (“Lucien”), following his wife, Madeleine Denis’ (“Madeleine”) death.  Among the issues…

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When is a Settlement Considered Binding and Enforceable?

In the recent decision of Prince v Nytschyk Estate, 2016 ONSC 7459, the Ontario Superior Court of Justice enforced a settlement despite the lack of signed minutes of settlement at the time of death of one of the parties. In this case, Cherie Lewicki (“Cherie”) and Joseph Nytschyk (“Joseph”) were in a common-law relationship for about 15 years, during which time they lived together in a house in Joseph’s name alone. Joseph died intestate (without a Will) in 2013 and Cherie continued to live in the house until her death in 2015. Before her death, Cherie commenced a claim for dependent’s relief against Joseph’s estate. As part of her claim, Cherie sought a declaration that the house was held in trust for her based on a resulting or constructive trust. With the estate’s potentially significant exposure to a dependant’s support claim, the parties agreed to a settlement whereby the house would be transferred to Cherie. However, prior to the completion of any signed minutes of settlement, Cherie unexpectedly died.

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