Under the Succession Law Reform Act (SLRA), a will or codicil must be “signed” to be valid. The case of BMO Trust Company v. Cosgrove, 2021 ONSC 5681 considered what handwritten form of a person’s name constituted a signature. Nola Louise Bogie hired a lawyer to prepare her will. However,…
As school resumes and as businesses are starting to offer the option of going into an office, I thought I would address another important topic, which is balancing work and caregiving. I always review my previous blogs and my very first blog with allaboutestates was eleven years ago on this…
As a Toronto native, I couldn’t help but listen to rapper Drake’s highly-anticipated new album Certified Lover Boy, which he released just a few weeks ago. In fact, it has been enjoying record-breaking streaming numbers from music fans around the world, amassing a staggering 153 million global Spotify streams in…
This Blog was written by Natalie Melanson, Estate and Trust Advisor at MD Private Trust Company which is part of Scotia Wealth Management As we are now nearing the end of September, we know or hear of many people who are in the middle of closing up their vacation homes for the…
One the biggest trends in philanthropy of the last thirty-years is the rise of donor-directed or restricted giving. Donors want more control, which typically results in more restrictions being placed on gifts. But there are risks of placing restrictions on a charitable gift by will. Failure and Cy Pres Simply,…
If a taxpayer owns shares of a corporation and passes away, he or she is deemed to have disposed of their shareholding at fair market value (“FMV”) unless a tax-free rollover is applied (e.g., rollover to a surviving spouse). The disposition of shares may cause a tax liability. In the…
September is World Alzheimers Awareness Month and the 21st is World Alzheimer’s Awareness Day. Alzheimers is a health crisis, in my view , that impacts everyone and one that is not based on culture, gender, ethnicity, or social economic background. Alzheimers is the most common form of dementia and one…
Today’s blog was written by Courtney Lanthier, law clerk at Fasken LLP I was watching a show recently where, when a character passed away, he left his family a video message that included how he wanted to divide his estate. As someone who recently started drafting wills and working through…
Missing a limitation period can be highly detrimental to any case. But, what happens when the party simply does not know he or she has a claim, as a result of the conduct of another? This issue, among others, was addressed in the recent Ontario Court of Appeal decision, Beaudoin…
The Canada Revenue Agency (CRA) has been asked on numerous occasions to weigh in on whether specific post-mortem planning implemented by taxpayers to avoid double taxation would result in a deemed dividend. In a recent ruling, the CRA concluded that it would not apply either specific tax rules or the…