All About Estates

Month: March 2022

Total 18 Posts

Taxation on Cryptocurrency

This Blog was written by: Dave Madan, Market Lead and Manager, Scotiatrust  We’re well into tax season, but for this year, your review of your taxable transactions may be very different. You might have explored investing or trading cryptocurrency. Buying and selling some Dogecoin after Elon’s tweets does carry income…

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Supporting Caregivers- Every Day

As we finally say goodbye to March and hopefully our  cold, snowy Canadian weather, I am looking forward to warmer days and resuming our new normal, whatever that might look like.  With April around the corner, our new month starts with National Family Caregiver Day, which is recognized on the…

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Has a Contingent Beneficiary Asked for an Accounting?

An estate trustee does not have an obligation to provide a contingent beneficiary with an accounting; nonetheless, some form of accounting is generally done at the request of a contingent beneficiary. If accounts are not provided, a contingent beneficiary may bring an application to compel an estate trustee to pass…

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ESTATE PLANS INVOLVING DISABLED ADULT CHILDREN

This blog was written by Karen Crellin, Estate and Trust Advisor at MD Private Trust Company which is part of Scotia Wealth Management There’s plenty of valuable information available on estate plans involving disabled[1] adult children –including several posts on this blog. You can find information that provides details about: techniques for…

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Taking the Extra Steps

Verifying the capacity of a testator prior to him or her executing a will is essential, and the test for testamentary capacity is well known to drafting solicitors and estate litigators. In particular, Banks v. Goodfellow provides that a person executing a will: (1) shall understand the nature of the…

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Aging At Home and In Your Own Community: NORCS

These last few years have made many of us reconsider where and how we want to live in our older years. We have questions/concerns about where we will live, when we are no longer able to remain in our homes and this seems to be a topic discussed regularly.  Most…

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Mental Health and Estate Planning; How to Navigate a Changing Conversation

Today’s Blog was written by Emily Papsin, Articling Student at Fasken LLP On February 10th, the Ontario Court of Appeal released its decision in Joy v. McGrath. The court affirmed the application judge’s finding that Mr. Joy’s suicide note was a valid holograph will, and overturned his finding that Mr….

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Canadian Donation Incentives

I published a version of this blog three years ago to address the many questions on Canadian tax incentives for donations that I receive.  Since the questions keep coming here is a revised and updated version. Generous but Complex and Opaque Canada has the most generous tax incentives for charitable…

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Best Gets The Rest: Doctrine of Ademption Alive and Well

In Canada estates and trusts law aims to give effect to a testator’s intentions. This principle is paramount and part of the rationale for the common law doctrine of ademption: if property which is gifted in a will no longer exists at the time of the testator’s death, the gift…

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‘Buy the Shoes- take 2

I have been hearing a lot of bad news lately. Contemporaries of mine who have either died or had major cardiac/cerebral events that were life threatening and forever life changing. It only takes a few of these tragic occasions to once again remind ourselves, that tomorrow is never guaranteed. I…

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