All About Estates

Thoughts on Digitally-Issued Certificates of Appointment of Estate Trustee

In the blog posted by Maureen Berry on October 9, 2020, my fellow clerks and I wrote about the welcome changes that were introduced that would allow for applications for certificates of appointment of estate trustee (the “Probate Application”) to be filed electronically.  It has now been six months since…

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If you fail to plan, you plan to fail! What happens if you don’t have a Power of Attorney?

This Blog was written by: Taylor Sergeant, Scotiatrust  In my job at as a Trust Officer, I see the importance of incapacity and estate planning daily. I understand and appreciate the value of having the difficult discussions needed to plan for a time in which you may no longer be…

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Where There’s a Will, There’s a Way

Can a suicide note be a valid holograph will? Maybe, and it depends upon where you live. The Ontario case of McGrath v. Joy, which decision was released at the end of 2020, dealt with whether a suicide note was a valid holograph will. My colleague, Rebecca Studin, recently blogged…

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Tax returns for deceased persons

The Canada Revenue Agency (CRA) will occasionally post requests to help improve the Agency’s processing efficiency. Recent posts caught my attention given their application to returns for deceased individuals. Date of Death The CRA noticed that tax preparers occasionally include a deceased person’s date of death on the living spouse’s…

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Interesting Information for Monday Morning

Ok- interesting for me and hopefully for you too. 1. Q: Did you know as of April 1 2021 the LHIN has a new name? A: Home and Community Care Support Services  (HCCSS) which was the LHIN and before that it was the CCAC (Community Care Access Centre).  I am…

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MAID Update – Bill C-7

The senate has passed Bill C-7, which introduces changes to Canada’s Criminal Code provisions regulating MAID. The changes will create a new, two-track system for applying for MAID.

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Death, taxes and cryptocurrency

Everyone knows that you can’t avoid the tax collector, and death is no exception.  Under the Canadian Income Tax Act, on the death of an individual subsection 70(5) will trigger a deemed disposition of all the deceased taxpayer’s capital property at fair market value thus taxing any accrued capital gains…

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Holidays and Family Traditions – COVID style

This past weekend we celebrated the first night of Passover; and I think this holiday was the hardest one for me.  Regardless of what and how you celebrate, for many the family and cultural connections rather than any religious significance is what we hold on to.  Last year this time…

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New Privacy Legislation Aims to Address Digital Assets in Estate Administration

Practitioners and clients alike have come to realize that there can be numerous legal challenges to administering a testator’s digital assets, including, among them, ambiguous or restrictive privacy legislation. For most Canadian provinces,[1] the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) does not appear to grant executors, trustees, or…

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March is Fraud Prevention Month

This Blog was written by Kimberley Ling, Scotia Wealth Management This past weekend I watched the movie ‘I Care a Lot’– very timely and relevant as March is Fraud Prevention month. In this fictional movie, the main character runs a disturbing guardianship business that preys on wealthy seniors, taking control…

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