Valuations for estate planning arrangements: Some Tips and Traps Redux

Thursday, October 2nd, 2014

Recently I wrote about price adjustment clauses (PACs) in estate plan agreements. In the blog, I noted the fair market value for the purposes of PACs should be based on fair and reasonable methods. In a recent Canadian Tax Foundation bulletin, Richard Wise provided some additional observations on valuations which ...

When can an attorney for property make charitable gifts?

Wednesday, October 1st, 2014

I was recently asked about whether, and when, an attorney for property can make charitable gifts on behalf of a grantor. The answer depends in part on whether the grantor of the power of attorney (the “POA”) is capable of managing property at the time the gift is made. While the ...

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 ...