All About Estates

Month: August 2022

Total 15 Posts

Estate Trustee Compensation – Discretionary Factors

Estate trustees are entitled to seek compensation for their work. Unless an exception applies, the court will exercise its discretion to determine the amount.

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Beneficial ownership reporting – beware of penalties

Proposed regulation subsection 204.2(1) of the Income Tax Act (ITA) introduces a requirement for all trusts, that are required to file a return of income, to provide additional information[1] for each person who, in the year, is a trustee (or protector[2]), beneficiary or settlor[3]. This additional information includes: name, address,…

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Anything New with Passing of Accounts?

Much has been written about the significant changes to the Ontario court probate forms and processes that came into effect on January 1, 2022, and more recently the July 1, 2022 amendments.  But, is there anything new with passing of accounts? Surprisingly, there have been no changes to the court…

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Campaign Donors Permitted to Advance Trust Claim

GoFundMe is arguably the most recognized crowd funding platform used by many who seek to raise funds from the public domain to support a defined goal. Legal issues have been raised surrounding the funds donated through platforms such as GoFundMe, particularly when the funds are used for something other than…

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Alternate Levels of Care should not be your local hospital

With the reputation of Long Term Care Homes hitting a new low, it comes as no surprise that seniors want to grow older in their own homes.  However our hospitals and our emergency departments have become a temporary holding spot for many seniors, who cannot return home.   The August 25,…

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The Importance of Religious and Cultural Values in Estate Planning

This blog has been written by Najib Painda, Law Clerk at Fasken LLP Religious and cultural values in Estate Planning As an immigrant growing up in different parts of the Greater Toronto Area, I was fortunate enough to be part of and experience diverse communities which embraced different ethnicities, cultures…

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Estate Donations: Six Years Later

The 2016 introduction of the Graduated Rate Estate (GRE) regime was accompanied by the “estate donations” rules. These Income Tax Act provisions altered the administrative and tax treatment of gifts by will, as well as direct designation gifts of life insurance, RRSP/RRIFs, and TFSAs.   How are charities and executors managing…

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A new place to call home……

One of the hardest things that an adult child caregiver has to deal with, is placement of a parent; specifically, a parent with advancing dementia.  There is no roadmap and every situation is unique however there are common threads that we see on a daily basis.  We know that if…

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What If… Black Panther Made a Will? – Lessons in Ensuring Your Common-Law Spouse Inherits if You Die Without a Will

Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Chadwick Boseman’s death came as a surprise to the world when he passed away in August 2020, at age 43 from colon cancer.  Chadwick was best known for his role in Black Panther – the first superhero movie…

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How to Get an Estate’s Bank Records (and why you need them)

This blog was written by Holly LeValliant Bank records may be key evidence in estate litigation cases.  They can be the crux of a case where undue influence, financial mismanagement, or a history of dependant’s support are alleged. The bank may be the only practical source of information that would allow…

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