A lifetime benefit trust (LBT) is a personal, testamentary trust for beneficiaries that are financially dependent due to mental infirmity. Most people are aware that the taxable income inclusion of a RRSP on death can be avoided by rolling it over to a spouse. If the circumstances are appropriate, the…
Month: March 2021
Total 22 Posts
My fellow blogger recently wrote about family meetings and estate planning. There has been much written on the importance of power of attorney documents, who gets named, their responsibility and conflicts that have arisen as a result thereof. While the focus of most disputes has to do with money and the…
Today’s blog is being brought to you by our guest bloggers, David Rosenbaum and Anna Chen On February 16, 2021, Bill 245 Accelerating Access to Justice Act, 2021 (“Bill 245”) was introduced by the Ontario legislature. Bill 245 passed Second Reading on March 2, 2021.[1] If passed, Schedules 8…
This Blog was written by Suzanna Walter, Estate and Trust Consultant with Scotia Wealth Management In my previous blog, Road Testing your Incapacity Plan, I reviewed incapacity planning from the point of view of the Grantor (the person appointing the attorney) in the Continuing Power of Attorney for Property (CPA)….
Of all the questions I am asked about the administration of estates, the ones that come up the most frequently are: “what is probate?”; “how do I know if I need probate?”; and “what’s involved in applying for probate?” Herein – the answers.
On occasion, the personal representative of an estate may have to incur costs to either settle or disclose a matter with the Canada Revenue Agency (CRA). In a translated technical interpretation, the CRA provided some of its own guidance on how to navigate the relevant rule in the Income Tax…
“I am woman, hear me roar In numbers too big to ignore And I know too much to go back an’ pretend ‘Cause I’ve heard it all before” – Helen Reddy 1971 As the ‘regular’ Monday blogger, I am very pleased to have an opportunity to connect with you today….
In my first blog post (as a guest blogger), I wrote about what a law clerk is and what it is that we do. In today’s blog I will expand on a task that an estate law clerk is frequently involved in – a court passing of accounts – and…
This Blog was written by Emily Racine, Estate and Trust Consultant with Scotia Wealth Management Recently, the Ontario government announced changes to some important areas of estate law. One of these changes, which I would like to touch on, is a change to the rules which govern wills and marriages….
I previously blogged about the case of Gefen v. Gaertner where the Court of Appeal quashed an appeal regarding an estate trustee during litigation (ETDL) and punted the matter to the Divisional Court. Now this estate has generated another appeal regarding the ETDL – this time properly brought before the…