All About Estates

When Your Property Is Not Really Your Property

This blog post is co-written with Fatima Husnain, student-at-law at Fasken Martineau DuMoulin LLP. You might assume that all of the aspects of land within your property line belong to you, but that may not be the case. A recent British Columbia case, Douglas Lake Cattle Company v Nicola Valley…

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Grateful…

This blog was written by Teresa Acs – Director, Professional Development & Process Excellence With Thanksgiving right around the corner, which nicely slides into the season of gift giving, I thought I would selfishly use this Blog to thank my colleagues. I got this idea at my local Starbucks (thank…

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Resulting Trusts and Summary Judgment Motions

With its sandy beaches, hiking trails, canoe routes, and wildlife, the Town of Wasaga Beach is a well-loved Ontario vacation destination. However, no town, however idyllic, is immune to lengthy property disputes, especially when the two people fighting are related to each other. Brother A and Brother B were at…

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Gift of Ecologically Sensitive Lands and the Carryover period for charitable donation deduction

In Yellow Point Lodge Ltd. v, The Queen DTC 1130, the Company owned certain lands on Vancouver Island, mostly undeveloped and in its natural state. In June 2008, the Company granted a covenant and other specified legal interests with respect to a parcel of ecologically-sensitive land, to two organizations, with…

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Prayer and Hope for Another Year

(reprinted) Most of us avoid talking about death, but in reality many of us think about it regularly. It may be reading the obits or consideration of the Supreme Court ruling regarding physician assisted death; none of us know what the future brings but death is a certainty. We just…

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Anti-Lapse Provisions May Also Be Anti-Intent

Today’s blog was written by Demetre Vasilounis, Associate at Fasken LLP. One of the most important things that estate lawyers aim for when drafting a will for their client is to avoid an outcome that is contrary to their client’s testamentary intent. There are many instances where a will is…

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Avoiding Common Pitfalls with Beneficiary Designations

This blog was written by Isabelle Cadotte – Estate and Trust Consultant with Scotia Wealth Management Beneficiary designations on registered accounts and pension plans (RRSPs, RRIFs, TFSAs, etc.) and life insurance policies are a double-edged sword when it comes to estate planning. They are simple to implement – a designation…

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Divisional Court Sets Aside Decision Ordering a Passing of Accounts

In Foisey v. Green, the Divisional Court allowed an appeal of the application judge’s decision that set aside a release signed by a beneficiary who was later deemed incapable of managing property. I previously wrote about the earlier  decision that was under appeal. The appellant, Ms. Green, was an estate…

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Attribution under 75(2)

Income attribution rules, generally speaking, operate so that income of one person (the actual recipient of the income) is attributed to and becomes income of another person (the transferor). Whether or not income which is subject to subsection 75(2) is first and foremost income of the trust itself can be…

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Another New Year. Another New Start

Today is the first day of the Jewish New Year, another fresh start for those who celebrate. For many who may not attend synagogue, it may still be recognized and celebrated with family sitting down together for a festive dinner. Traditions continue and are past down from generation to generation….

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