There are many reasons why a person may wish to have someone else assist with the management of their finances or personal care decisions. One reason could be because he/she will be away from home for a period of time and needs someone to look after their financial affairs while…
Month: October 2018
Total 22 Posts
The Canada Revenue Agency (CRA) recently provided its view on the due date of a trust information and income tax return (T3) in the year a trust is wound up. Where a trust is wound up by distributing all of its property to its beneficiaries, does the T3 have to be…
I had the pleasure last week of being a panelist as part of the Canadian Association of Gift Planner’s mentoring & education breakfast, on the topic of Ethics. When I had previously thought of ‘Gift Planning’ I was only considering the Will component, the gift left to a particular charity,…
Last week, I discussed some of the risks for a professional advisor that may arise in the administration of the estate that are associated with the assets of the estate. This week’s blog considers risks which arise from the beneficiaries (or would-be beneficiaries) of the estate, as well as steps…
Halloween is right around the corner, so today’s blog post is taking an ominous turn. Informal Reader Poll: What’s scarier? a) A horror movie that’s been remade three times b) Having to remake a client’s will for the third time Now to the fun stuff….. There’s a general principle in…
Estate litigators are very familiar with unique and interesting fact patterns and it is helpful to be reminded that unusual circumstances may warrant the use of somewhat uncommon remedies. Rule 45 of the Rules of Civil Procedure is one such remedy, which provides for the interim preservation of property and…
Due to my conservative nature and my belief that something that looks too good to be true often is, I have been always nervous about people participating in what appear to be very aggressive charitable donation shelters and people who promote them, particularly shelters which appear to catch the attention…
Introduction [1] It is not uncommon for a client to ask a professional advisor to act as his or her executor. For the advisor, this request may be an honour, as it speaks to the level of trust the client has in the advisor’s professional knowledge and judgment. The appointment…
I am fortunate to work with many animal lovers on their philanthropic estate plans. They are interested in a wide range of animals and issues. A recent article in The Walrus magazine about the animal sanctuary, registered charity and social media phenomenon Happily Ever Esther Farm Sanctuary highlights a number of…
Today’s blog was co-written by Ronald Neal. In Sinclair v Harris, Justice Nakatsuru granted summary judgment on the basis that the claims advanced on behalf of the estate were statute-barred. The deceased passed away in November 2015. The Plaintiffs are the estate trustees appointed in the deceased’s will (the “Estate Trustees”). Five years…