All About Estates

Initial Issues Encountered When Dealing With a Possible Insolvent Estate

Today’s blog is written by guest bloggers, Krista Brown and Tracy Parkinson, law clerks in the Private Client Services group of Fasken LLP. As estate law professionals, when we hear the words “possibly insolvent estate” most of us immediately see a giant STOP sign. A named estate trustee in a…

Continue Reading

Why Plan For One When You Can Plan For Generations?

This blog was written by Alex Fournier The Trust industry has shifted its focus towards servicing the biggest market segment yet to be seen – the Baby Boomers. With the biggest intergenerational wealth transfer coming, it is the most logical course of action to undertake. In Canada alone, reports speculate that…

Continue Reading

The New Simplified Procedure Rule (Rule 76)

Since it was enacted in 1996, Rule 76 of the Ontario Rules of Civil Procedure has provided for a simplified procedure to streamline claims of relatively modest monetary value. The goal remains to reduce legal costs and speed up the administration of justice. The Government of Ontario made significant changes…

Continue Reading

TOSI and the Estate Plan

Since 2018, the tax on split income (TOSI) rules have impacted common estate planning practices. While much of the TOSI focus is on planning during one’s lifetime, post-mortem planning strategies have also been affected. It follows that a post-mortem planning strategy must now be considered in light of TOSI, as…

Continue Reading

Mild Cognitive Impairment Does Not = Normal Aging

Are there any other “This Is Us” fans who eagerly awaited episode 10 last week?  Spoiler alert for those who have not yet watched.  Yes, as we suspected, Rebecca was diagnosed with Mild Cognitive Impairment (MCI).   Her diagnosis  is a fitting introduction for today’s blog  as  January is Alzheimers’ Awareness…

Continue Reading

Paper vs. Electronic Filing of Estate Information Returns!

Today’s blog was written by guest bloggers, Tracy Parkinson and Krista Brown, law clerks in the Private Client Services group of Fasken LLP. It’s hard to believe that we have been filing Estate Information Returns (the “EIR”) with the Ministry of Finance (the “Ministry”) since January 1, 2015, but if…

Continue Reading

Challenge Accepted: Court Challenges to Wills and Claims Against Estates

This blog was written by Isabelle Cadotte – Estate and Trust Consultant with Scotia Wealth Management As lawyers, we routinely field questions from testators about how to avoid challenges to their wills, especially where they’ve decided to leave a family member less than what they might have expected. On the…

Continue Reading

The Motivating Factor

Estate litigation is full of high emotions and recriminations, usually stemming from decades of family history. As a result, it is not unusual for a client to question their family member’s reason for commencing litigation against them: jealousy and revenge for some long ago slight are usual suspects. However, as…

Continue Reading

Secret Trusts

Secret and trusts are essentially trust arrangements made between a testator and a trustee, without written disclosure or agreement of the terms of the arrangement, but where an understanding exists between the parties. Based on precedent in case law, the essential elements of a secret trust are: • An intent…

Continue Reading

New Stats Canada Data on Caregivers in Canada

Statistic Canada last week (January 8, 2020) released some data from the 2018 General Social Survey (GSS)on Caregivers in Canada (Cycle 32).  It is based on information obtained from 7664 respondents who provided care to a ‘family member or friend with a long-term health condition, a physical or mental disability…

Continue Reading