All About Estates

Category: Estate Administration

Total 232 Posts

Trusts and Trust Resettlements – Variations and Circumstances

Variation(s) of a trust agreement, after it is settled, does carry the risk of causing a resettlement of a trust or a disposition of a beneficiary’s interest in the trust, with serious tax consequences. But not all variations lead to resettlement, fortunately. Recently in an advance ruling, the Canada revenue…

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Ignorance is Bliss

Our friend recently told us that his sister had done a DNA genetic test with one of the companies that provides ancestry and  health information.  What she found out was not what she was expecting at all.  No, she does not have ‘royal’ roots but she does have twin half…

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R.E.S.P.E.C.T…..the handwriting analysis?

The Aretha Franklin estate saga has taken another interesting turn this week, with a Michigan Probate Court making an order for a handwriting analyst to review one of her holograph Wills. As Lara Besharat explained in her detailed blog post on May 23rd, Aretha died in August of 2018, leaving…

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A TFSA loses its tax exempt status

The income tax treatment of a trust and its beneficiary where the trust lost its status as a tax-free savings account (TFSA) because it contravened the registration restriction on borrowing money was the subject of a recent Canada Revenue Agency(CRA) technical interpretation. The trust continued to exist for several years…

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The Space Between First and Second Families

Neil Armstrong’s first and second family have competing visions for his legacy and administration of his estate.

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Probate and the Humans Rights Tribunal of Ontario

On June 29, 2019, the Human Rights Tribunal of Ontario (the “HRTO”) released an interim decision which impacts upon estate trustees and which calls for some friendly scrutiny from estate solicitors and litigators. My colleague, Jacob Kaufman, blogged about a previous and related HRTO 2017 case which required that a certificate of…

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INCOME RECEIVED AFTER DEATH

Recently, the Canada Revenue Agency released a technical interpretation to clarify the commentary in the T4001 Employer’s Guide – Payroll deductions and Remittances, and the T4011 guide, Preparing Returns for Deceased Persons, in respect of income payable at death but not actually paid until the subsequent year. The CRA confirmed…

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The STEP Annual Conference

This blog was written by Teresa Acs – Director, Professional Development & Process Excellence I had the pleasure of participating at last week’s Society of Estate and Trust Practitioners (STEP) Canada Conference. Each year, the conference attendance surpasses the year before, speaking to both the quality and importance of this…

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You Better Think (Think)…About the Estate Planning Process

This blog was written by Lara Besharat In August 2018, renowned singer Aretha Franklin died of pancreatic cancer in her home in Detroit, leaving behind an illustrious musical legacy, a strong history of civil rights activism, four children, and an estimated $80-million-dollar fortune. One thing she didn’t leave behind, however,…

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Sealing One’s Fate: The Sherman Murders, Probate and Perseverance

On June 18, 2018, Justice Dunphy made ex parte orders sealing the court files relating to the Sherman Estates. On catching wind of the sealing orders, the Toronto Star, and one of its reporters, Kevin Donovan, brought a motion to terminate the sealing orders. They succeeded on appeal.

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