June 2018

When a Modern Relationship and the Traditional Family Clash: a Lesson for Estate Planners

Guest written by Jessica Nolan, student-at-law at Fasken. A recent case out of British Columbia offers a number of lessons for estate planning. Robledano v. Jacinto (2018 BCSC 152) involved the estate of Barbara Jacinto who died unexpectedly. Barbara had been in a relationship with Maria Robledano on and off for just over 30 years. In the final years before Barbara’s death, they were primarily living under separate roofs but….

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Uncategorized

Donate to Eliminate Clauses

Last week I received a call from a client who wished to include a “donate to eliminate” clause in his will. His goal is to wipe-out all taxes in his estate by giving just the right amount to his favorite charities. A few years ago, this planning idea was all the rage in gift planning circles. It turned on a model clause that directed the executor to calculate the value of….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Uncategorized

Space Oddity: Why One of the Original Moonwalkers is Having to Sue his Children

This blog was written by Ronald Neal, student-at-law at de VRIES LITIGATION LLP. Even those with the “right stuff” are not immune to elder abuse.  Such is the apparent case with Buzz Aldrin, a retired astronaut, lunar module pilot, and engineer who is now finding himself in the midst of a legal battle that may yet bring as many challenges and difficulty to him in his twilight years as his….

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Capacity Law, Elder Care, Elder Law

Graduated rate estate – don’t lose it!

A graduated rate estate (GRE) is an estate that arises as the result of the death of a person on or after December 31, 2015, and no more than 36 months after the person’s death. The estate at that time must be a testamentary trust. The GRE designation brings with key benefits such as access to the lower marginal tax rates and simpler and more flexible donation rules.  Perhaps more important in….

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Canada Revenue Agency, Estate Administration, Estate Planning, Executors, Tax Issues, Uncategorized, Wills

Why Should Young People Have a Will? [1]

You are in your mid to late twenties, you may or may not be married, you may or may not own property, and you probably feel that you do not need a Will since you “don’t have anything”. While that may be true, there are many other benefits to a Will that do not relate to the quantum of assets you might own. Easing your family’s burden: Regardless of whether….

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Uncategorized

Support, Shoes and Social Media

How much interim dependant support is too much? When can interim legal fees be ordered? And can young people be stopped from posting on Instagram? Justice Pattillo had to consider these question in Zavet v. Herzog, 2018 ONSC 3398. The deceased, a wealthy real estate developer behind many of Toronto’s swankiest condos, was survived by his wife of almost 50 years (he had been separated from her since 1995), two….

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Dependant Support, Estate Litigation
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