All About Estates

Month: February 2019

Total 16 Posts

Two Isn’t Always Better Than One: The Perils of Joint Accounts

This blog was written by Lara Besharat Earlier this month, a Toronto-based FinTech company launched a new feature for their app that aims to simplify the process of creating and maintaining a joint account. The app allows for joint accounts to be created and managed entirely via your mobile device,…

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Understanding the Role of Section 3 Counsel

The recent case of Sylvester v. Britton, 2018 ONSC 6620 (“Sylvester”) provides an excellent review of the law regarding incapacity, attorneys for property and personal care, capacity assessments, and other issues which often arise in estate/capacity litigation cases. While the decision addresses many interesting points, this blog will focus upon…

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When Cash is not King?

Most people keep their cash in bank accounts. However, to my surprise, some people still don’t, and for estate planning and administration purposes, this can be a real problem. Take the case of Temple v. Peddle, 2019 NLCA 2 in Newfoundland Labrador. Mrs. Peddle kept cash in a safe deposit…

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A Lot of Plots or a Plot of Lots?

Reading my colleague Diana’s blog of a few weeks ago, ‘Whose Land Is It Anyways’ ,  reminded me of my friend’s current challenge.   She owns a lovely piece of  prime real estate in a prestigious and sought-after location in mid-town Toronto (off Yonge Street) with a great view!  Sounds…

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Lifestyles of the Rich and the Famous… Or in this Case, One Rich and Famous Cat!

Today’s blog is being brought to you by guest blogger, Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. This week, the fashion world lost an icon with the passing of creative director for Chanel, fashion designer and artist, Karl Lagerfeld. While everyone reminisces about…

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Lights, Camera, Estates!

The Oscars are on Sunday, and I think we can all agree that the best movies always revolve around estates and trusts. Just look at the plot of my favourite Best Picture nominee this year: After an eventful career and life, the family patriarch suddenly passes away. Heartbroken and feeling…

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Senior Man Falls Victim to Online Romance Scam

Romance scams are among the top reported scams based on total dollar loss, and seniors are particularly susceptible to these types of scams. Unfortunately, the late Robert Hogg fell victim to a romance scam, which was not discovered until after his death. The facts can be found in the CBC…

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Estate donations, Time and Flexibility

Last week I visited Princess Margaret Cancer Centre in Toronto for a grant status update meeting with a family foundation. I used to work at the Princess Margaret Cancer Foundation, but left 20 years ago. Returning after two decades provided me perspective on two key charitable estate planning considerations: time…

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Supreme Court Blesses Henson Trusts

The Supreme Court of Canada has given its blessing to Henson Trusts (fully discretionary trusts set up to not impact the beneficiary’s social assistance benefits) in S.A. v. Metro Vancouver Housing Corp., 2019 SCC 4. I previously blogged about this case when it was before the Court of Appeal. The…

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Estate Applied to Have Filings Made by Taxpayer Lacking Mental Capacity Set Aside

In Ntakos Estate v. The Queen, 2018 TCC 224, a family business was owned by the deceased taxpayer, Anna (after her husband passed away in 1995) with two brothers-in-law through a holding corporation. Anna’s mental and physical health declined from 1995 until her death in 2004. She was diagnosed in…

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