All About Estates

Month: October 2021

Total 11 Posts

Surprise…More Big Changes Coming to Estate Administration

Today’s blog was written by Sandra Arsenault, Law Clerk at Fasken LLP “Change is the only constant” – Heraclitus. How is it possible that in one of the most traditional areas of law we are about to see even more big changes come into effect? Just as we get used…

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Should you Remove an Executor?

This Blog was written by Edward Ngo, Estate and Trust Advisor at MD Private Trust Company which is part of Scotia Wealth Management As the autumn leaves begin to fall and the cold air catches our breath, I remind myself there is no such thing as a simple will or a straightforward estate….

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The Court of Appeal Considers if an Application for Retroactive Support can be brought against an Estate

In Blacklock v. Tkacz, the Ontario Court of Appeal confirmed that pursuant to section 17 of the Divorce Act, an application cannot be brought to claim or vary a child support order against a deceased’s payor’s estate if the original support order does not explicitly bind the payor’s estate. The Appellant…

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The Chronicles of an Estate Plan: The Settlor, the Kids and the Cottage

Alter-ego and joint-spousal[1] trusts are inter-vivos trusts commonly used in estate plans to hold legal title of assets for the benefit of the individual and/or their spouse, prior to death, accomplishing some of the following benefits: avoiding probate, providing privacy, expediency of inheritance distribution, and minimization of legal challenge on…

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Does This Sound Familiar?

Son:     Mom, turn a light on, it’s getting dark outside. Mom:   It’s ok, I’ll just sit here in the dark.   Son:     Mom, it’s cold and raining outside.  I will call a taxi for you. Mom:   It’s senior’s day at Shoppers, I will take the bus.   Son:     Now that…

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Charitable Gifts on Death: Who can Claim the Donation Tax Credit?

Today’s blog is being written by Jonathan M. Charron, senior associate at Fasken’s Montréal office.   The tax rules applicable to charitable gifts on death have changed considerably since 2016. These new rules aim inter alia at providing more certainty as to the tax treatment of such gifts and more…

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No Signature, No Problem

In Bishop Estate v. Sheardown, 2021 BCSC 1571, the Supreme Court of British Columbia gave effect to a Will the testator had failed to execute before her death. Facts: Marilyn Bishop died in British Columbia in the summer of 2020 at the age of 76. She had a prior Will…

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“I’ve signed my Will…now what?”

You’ve met with your client for a final signing meeting. They can breathe a sigh of relief – their Will (or Wills) and Powers of Attorney are done! I have bad news – the process isn’t quite done yet. Of course, you will prepare a reporting letter,  send your final…

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Understanding the Unique Issues Facing the Older Queer Generations

This Blog was written by: Hannah Zip, Estate and Trust Consultant, Scotia Wealth Management  (Authors Note: this post was inspired by a presentation delivered by the Queer Seniors of Saskatchewan, and a big thank you goes to that advocacy group for sharing their personal experiences and stories to raise awareness…

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Turkey, Dementia and Giving Thanks

Thanksgiving is next Monday so I thought I would share a blog that highlight some tips when visiting with family, who you may not have seen for a while.  If you live in a different city than your parents, the time spent together during the holiday can allow you to…

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