All About Estates

Month: September 2023

Total 15 Posts

Joint tenancy: a cost-effective or costly measure to save on probate fees?

This blog has been written by Mohena Singh, Associate at Fasken LLP As an estate planner, one of the most common questions I am asked is, “How do I transfer my house or cottage to my family without paying estate administration tax?” A common way we have seen individuals attempt…

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Chain of Executorship

THIS BLOG WAS WRITTEN BY ANTHONY PRANATA, ESTATE & TRUST CONSULTANT, SCOTIA WEALTH MANAGEMENT   What is harder than being the executor of an estate? Being the executor of two estates simultaneously. If you are thinking there is no way this would happen to you as long as you are…

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Estate Trustees Ordered to Not Use Estate Assets to Fund Litigation

In a recent will challenge case, the court ruled that the estate trustees during litigation could not access estate funds to pay their legal fees. The testator (“Hans”) and his late wife (“Colleen”) married in 1987.  Together, they had 7 children from their previous marriages. In 2005, Hans and Colleen…

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And who shall I say is calling?

Reposted:  Most of us avoid talking about death, but in reality many of us think about it regularly. None of us know what the future brings but death is a certainty. We just don’t know when and how. The Jewish New Year (Rosh Hashanah) was recently celebrated, closely followed by…

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The Price is…Dependant Relief?

Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP TV legend Bob Barker passed away on August 26, 2023 at the age of 99 – just 4 months shy of his 100th birthday.  Bob was probably most well known for being the legendary host of the…

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AMT and Donations

Changes to the Alternative Minimum Tax (AMT) rates and rules are scheduled to take effect on January 1, 2024.  For the first time AMT will apply to charitable donations from high-income individuals, which is worrying for charities and donors. Simply, targeting donations is poor tax policy that will produce unintended…

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Can a Revoked Will Be Revived by a Holograph? 

In Estate of Harold Franklin Campbell (Re), 2023 ONSC 4315, the Court considered whether the new, curative provision under s.21.1(1) of the Succession Law Reform Act  (“SLRA”) was available to revive a Will revoked by a subsequent marriage. Facts:  Harold Franklin Campbell died on June 11, 2020. He was survived…

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Navigating Elder Management Part 2: Dispute Prevention

This article is a companion to my previous blog post, Navigating Elder Management: Common Sibling and Stepsibling Disputes. Exploring the source of common disputes in elder management is important. Even more important is to look at strategies that may prevent them in the first place. A decade ago, the popular…

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Charitable Bequests in Wills

This blog was written by Courtney Lanthier, Law Clerk at Fasken LLP.   We often hear in the news of beloved celebrities passing away after years of lucrative careers. It’s also common to speculate as to how their estate will be distributed. Many celebrities have either left, or plan to…

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Bringing a Tort Claim as an Estate Representative

Typically, estate litigation involves guardianship disputes and fights over a deceased person’s property.  In rare instances, however, estate litigation crosses over into the unfamiliar domain of personal injury law.  A recent example of this crossover can be found in the case of Campeau-Proulx v Bancroft. The facts in Campeau-Proulx v…

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