All About Estates

Month: April 2019

Total 18 Posts

Some Thoughts on Explaining Differences in Expert Opinions

Experts giving evidence in an Ontario court are obliged to sign an acknowledgement that they are independent, with their obligation being to the court and not to the party who retained them. Nonetheless, scepticism regarding objectiveness and discrepancies between expert opinions remains, as demonstrated in the reasons of Justice Mesbur…

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Isle of Trusts

Spring is (kind of) here and summer is (hopefully) around the corner.  Like every year, Torontonians will no doubt soon make their way to the Toronto Islands during the summer weekends.  A group of 15 islands interconnected by pathways and bridges in Lake Ontario, the Islands are approximately 15 minutes…

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Significant Tax Re-Assessment Due to An Estate Valuation Gone Wrong

I have been writing about valuations for estate plan agreements, highlighting that they should be based on fair and reasonable methods, prepared in good faith, properly supported and documented at the time of valuation. In Lewin v. the Queen 2019 TCC 21, The Lewin Estate was appealing a significant tax…

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Spring Holidays and Family Get Togethers

Reposted from allaboutestates.ca This weekend we celebrated the first nights of Passover and Good Friday and Easter Sunday. Two major holidays that coincided, along with a statutory holiday enjoyed. For me and perhaps for many of you, these holy days have a traditional familial connection rather than a religious one….

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April is Autism Awareness Month

This blog was written by Jessica Ang What is Autism? Autism, also known as, “Autism Spectrum Disorder” is a set of unique strengths and challenges that are characterized from one’s social skills, including one’s verbal and non-verbal communication, to one’s behaviours (Autism Speaks, 2019). Autism is a developmental disorder that…

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Solicitor’s Negligence – A Follow Up

I have previously blogged about solicitor’s negligence and the current state of the law with respect to, in part, determining lawyers’ liability and the applicable standard of care. As a follow-up, below is a brief list of some best practice tips to keep in mind: Communicate – keep the client…

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Power of Attorney Fees Paid

The Canada Revenue Agency (CRA) was asked whether compensation received by an individual acting under a power of attorney (POA) is required to be included in the individual’s income for income tax purposes. A POA is a legal document between two persons whereby one person (A) appoints another person and…

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Advanced Care Planning

April 16 is National Advance Care Planning Day. If this blog is the only place you are hearing about Advance Care Planning today, then please share it, because it likely means you are not alone! This is the ‘Speak Up’ campaign and by making this a National event, it serves…

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Budget 2019: A Change to the Estate Administration Tax

On April 11th, 2019, Ontario’s Ford government released its first budget. Of note to estates practitioners, as of January 1, 2020, Estate Administration Tax (commonly referred to as “probate fees”) will not be payable on the first $50,000.00 of an estate’s value. Currently, probate fees are levied at a rate…

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Budget 2019: Erosion of Charitable Incentives

The 2019 Federal Budget was uneventful in terms of charitable incentives (journalism aside), but there are two proposals that will directly affect giving. The first relates to donations of cultural property – especially art with foreign origins – and the second to employee stock options. The former represents the reinstatement…

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