All About Estates

Category: Family Conflict

Total 103 Posts

Celebrating New Beginnings

Last Monday was Labour Day which signifies back to school and end of summer. It is a time of new beginnings, setting goals and starting new projects. Today is the first day of the Jewish New Year, another fresh start for those who celebrate. For many who may not attend…

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Estate Trustees and Costs of Litigation: Try not to take it personally?

In the work I do, I am asked to provide expert testimony to support litigation. In some cases, I am often quite surprised to what extent parties will continue to litigate matters that appear to be “no-wins” or for small dollar amounts. Depending on the circumstances, parties have taken the…

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My Summer Vacation

One of my favorite routines on my annual summer vacation is to read the local news. Regular readers of this Blog may not be surprised that the story which caught my eye this summer was about an Estate.   Richard M. Grant, a life-long farmer, known as the “The Corn King”…

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Yesterday I watched the US Open and Thought About My Dad

This original post was from a few years ago. It does seem like only yesterday because, while time has not stood still, sometimes our sentiments don’t change. The event and message is the same. It is a few years later and there is a new US golf champion. We still…

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The Risk and (Potential) Reward for Acting as an Executor [1]

  For those engaged in thoughtful Will planning there comes a point in the discussion with clients about who should be an executor, what the job of an executor is and whether and how much they should be paid. More often clients want to start the Will planning dialogue by…

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Trust and (Mis)Communication in Families

There is a recurrent theme that I continue to see in my elder care work with families. It involves a breakdown in communication that has likely started sometime ago. As a result of this miscommunication, the trusting relationship that I would like to be believe originally existed there, has been…

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A Gift is a Gift

We often write about the benefits (and some pitfalls) of gifting, before and after death. Personally, when I recommend gifting, I assume that unless there are specific outcomes required to realize on the gift, a gift is exactly that, a gift – something transferred voluntarily without expectation of getting it…

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Privacy, the Rule of Law, and Apotex Inc.

The “rule of law” is a defining feature of western democracies. Briefly described, it is the insistence that all government action be based in law, and is contrasted with acts of tyranny, dictatorship, and arbitrary exercises of power. The central role that the rule of law plays in Canadian society…

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Death and TOSI Part 2: Spouses

My past two blogs have looked at the December 13, 2017 draft legislation that amends and expands the tax on split income (“TOSI”) rules. In my last blog I outlined some of the special rules that apply (in the context of TOSI) to income and gains on property that is…

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Safe Space: Governance in Action

For most businesses they evaluate their success by quarters or perhaps terms described as “short”, “medium” and “long”. For a family business, they measure success by ensuring the company is preserved for the next generation and beyond.  And despite the statistics which suggest that successfully transitioning a family business to…

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