All About Estates

Month: April 2021

Total 18 Posts

Can a McDonald’s Paper Napkin be a Valid Will?

We know that a suicide note can constitute a valid will in British Columbia, and possibly in Ontario. However, can a will written on a paper napkin from a McDonald’s restaurant be a valid will in Saskatchewan? This was interesting issue was addressed in Gust v. Langan. The Facts Six…

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Inheritance and Tax

There is renewed discussion on whether Canada will become another jurisdiction where specific gift or estate taxes will be imposed on inheritances. There is speculation that the discussion will lead to something concrete as early as next week’s Federal Budget. In the meantime, there are situations where inheritances can come…

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You can’t choose your family but you can choose your friends

Further to my fellow blogger’s April 4, 2021 read, I thought I would continue the discussion on the importance of appointing an attorney for property and my particular area of interest, care.  Have you ever wondered what would happen if you didn’t have a family member who could assume the role…

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Thoughts on Digitally-Issued Certificates of Appointment of Estate Trustee

In the blog posted by Maureen Berry on October 9, 2020, my fellow clerks and I wrote about the welcome changes that were introduced that would allow for applications for certificates of appointment of estate trustee (the “Probate Application”) to be filed electronically.  It has now been six months since…

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If you fail to plan, you plan to fail! What happens if you don’t have a Power of Attorney?

This Blog was written by: Taylor Sergeant, Scotiatrust  In my job at as a Trust Officer, I see the importance of incapacity and estate planning daily. I understand and appreciate the value of having the difficult discussions needed to plan for a time in which you may no longer be…

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Where There’s a Will, There’s a Way

Can a suicide note be a valid holograph will? Maybe, and it depends upon where you live. The Ontario case of McGrath v. Joy, which decision was released at the end of 2020, dealt with whether a suicide note was a valid holograph will. My colleague, Rebecca Studin, recently blogged…

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Tax returns for deceased persons

The Canada Revenue Agency (CRA) will occasionally post requests to help improve the Agency’s processing efficiency. Recent posts caught my attention given their application to returns for deceased individuals. Date of Death The CRA noticed that tax preparers occasionally include a deceased person’s date of death on the living spouse’s…

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Interesting Information for Monday Morning

Ok- interesting for me and hopefully for you too. 1. Q: Did you know as of April 1 2021 the LHIN has a new name? A: Home and Community Care Support Services  (HCCSS) which was the LHIN and before that it was the CCAC (Community Care Access Centre).  I am…

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