All About Estates

Month: April 2024

Total 8 Posts

New Arrival, New Will

Earlier this week, our group gathered to celebrate our colleague’s impending arrival of a new baby. It was a delightful occasion, with cake, presents, and well-wishes. Of course, conversation naturally turned to the preparations that our team member has made for her new addition. Parents-to-be typically spend a lot of…

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Analysis of Undue Influence is Case Specific

The applicant in Roe v. Roe, 2022 ONSC 5821 (CanLII), was not successful in setting aside his mom’s will on the basis of undue influence and “insane delusions”.  He was the only son (of four) who was disinherited in his mom’s will.  This was a departure from the mom’s previous…

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Power of Attorney for Property & The Tax Association Rules

The small business deduction is a key tax incentive for entrepreneurs of small businesses.  If the corporation qualifies as a Canadian controlled private corporation (commonly referred to as CCPC), the net federal tax rate for active business income is 9% on the first $500,000. The Income Tax Act (the “Act“)…

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Hot Topics with Gentlemen in their 80s

Recently, I returned for my fourth annual presentation to a group of older gentlemen about planning for the last decade of life. With more than fifty in the audience each year, the participants are a good cross-section of men in their 80s. They are a lively, well-informed group of retired…

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Cultivating More Than Just a Green Thumb: The Hermès Gardener’s Extraordinary Fortune?

Today’s Blog was written by Jessica Butler, Law Clerk at Fasken LLP. Nicolas Puech (“Nicolas”), the 80 year old fifth-generation descendant of Thierry Hermès, founder of renowned fashion house, Hermès, made headlines in December when he announced that he plans to bequeath at least half of his fortune to his…

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The Cost of a Will

This post was written by Alicia Mossington, Estate and Trust Consultant with Scotiatrust. Specialists in estate planning recognize the value and importance of having a well-prepared estate plan. Many of my fellow authors have articulated the importance of a comprehensive will and estate plan. Those involved in estate administration have…

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Examination of non-parties

Production of documentary evidence and examinations are key parts of the litigation process as a matter proceeds towards trial. In some cases, an applicant may wish to examine non-parties, in addition to the opposing litigants. In an estates context, these can include family members of the deceased, accountants or solicitors…

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Is This a Bare Trust?

Andrew Coates, Associate, Gowling WLG (Canada) LLP Today was supposed to be the due date for untold numbers of T3 returns and Schedule 15s for trusts known as “bare” trusts in existence on December 30, 2023. Not only was it going to be the first year that the Canada Revenue…

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