All About Estates

Month: November 2020

Total 19 Posts

Electronic Wills in Ontario: Growing Interest, Growing Need, or Growing Concern?

A few months ago, I was sent this article in the Globe and Mail.[1] The article explores the notion of introducing legislation to legalize electronic wills in Ontario. Although some of us here in the estates and trusts world have experience deducing what the positives and negatives of electronic wills…

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Until Death Do Us Part…

This Blog was written by Angèle LeBlanc, Estate and Trust Advisor at MD Private Trust Company which is part of Scotia Wealth Management The Medical Assistance in Dying, Bill C-14 (MAiD) was enacted into law on June 17th, 2016. Since then, some of us may have heard of cases where…

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Removing an Estate Trustee: More Than a Feeling

In Viertelhausen v Viertelhausen, the court dismissed an application to remove the estate trustee due to lack of evidence of a true conflict of interest. The deceased, Bote, died without a will. His brother, Bill, obtained a certificate of appointment of estate trustee without a will. The applicant, Teresa (a…

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A change in trustee could be a tax problem

The acquisition of control (AOC) rules in the Income Tax Act (ITA) are designed to prevent non-related persons or group of persons from trading in corporations that have unutilized losses for income tax purposes by restricting the corporation’s ability to deduct unutilized losses when control of the corporation has been…

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Pick your ‘3 C’s’

I  first introduced my 3’C’s in a blog at @allaboutestates   which addressed living options and ways to consider what care settings. Some of you may recall that my 3 C’s are: Care, Cost, Choice. I am reposting this article as it continues to be an excellent guide in helping families…

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To Take Flight or Not to Take Flight, That is the Question!

A recurring mantra of many people is the phrase that they “need to get their affairs in order” when significant life events occur, when they are planning a trip or when they simply wake up one day and realize they don’t have a Will and they aren’t getting any younger….

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Keeping Up from the Kasket – Planning Your Digital Death

This post was written by Emily Rosen Can someone inherit a digital identity? At what point does an Instagram account become a business rather than a personal platform? We have already seen this happen with celebrities after they die; Paul Walker, Nipsey Hussle, and Michael Jackson all still have active…

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To Forgive, or Not to Forgive, What Was the Intention?

In Middleton Estate v. Middleton, 2020 ONCA 552 (CanLII), the Court of Appeal for Ontario considered the appeal from a trial judge’s decision concluding that the first of two promissory notes reflected the deceased’s intention that a loan made to her daughter was repayable on the deceased’s death. Facts: Eva…

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MCI= More Than Just Forgetfulness

Are there any ‘THIS IS US’ fans out there?   I watched the Season 5 Premier this past weekend.  No spoiler alerts here but it was a very timely show, which discussed Covid, Black Lives Matter and feuding siblings.  However for today’s blog I thought I would write about Rebecca’s diagnosis…

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