All About Estates

Category: Wills

Total 164 Posts

Not So Fast – Who Controls the Body?

“He knows where the bodies are buried” is a throwaway line from Orson Wells’ cinematic masterpiece, Citizen Kane. That line soon took on a life of its own and entered the cultural vernacular. In the world of estates, a more frequent problem is not finding the bodies but deciding where…

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Creation of a Trust

The Canada Revenue Agency (CRA) provided guidance on when a testamentary trust is considered to have been created for purposes of the 21 year deemed disposition rule. A trust is deemed to have disposed of its capital property for proceeds equal to the fair market value of the property at the…

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Out-of-Date? You Could be Out of Luck!

          This Blog was written by: Emily Racine It is a hard truth that after a client confirms they have a will done, the first comment to follow is often “but it was done years ago”. The reality is that even when clients have a will,…

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The Importance of Being Original

This Blog was written by: Emily Racine   As we know, the statistics are less than ideal for the number of Canadians who have a will let alone a recently updated one. That being said, having a will is not enough – it is important to have the original will….

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A Roadblock for Multiple Wills

Today’s blog was written by Justin W. de Vries and Jacob Kaufman A will need not be probated. The power of an estate trustee derives from the will itself. However, in certain cases, a grant of probate (now awkwardly called a certificate of appointment of estate trustee with a will)…

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An Inconvenient Truth: Cross-border Estate Barriers for Non-Resident Executors

Today’s blog comes to you from Student-at-Law, Derrick Raphael. As a new resident of Canada there are several issues that an individual must consider such as tax implications while residing in the country as well as one’s previous jurisdiction. Additional areas of interest regard how to manage assets, property and other…

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Where’s There is a Will (and a Clear One), There is a Way!

In Campbell v Evert 2018 ONSC 593, the deceased had, in the decade prior to her passing, transferred to Mr. Evert (one of the “kids”) the family cottage valued at $145,000. In her will later that year,  she made a specific bequest of $145,000 to Ms. Campbell, the other “kid’,…

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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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A Deathly Reminder

The recent passing of Aretha Franklin on August 16 means the music industry has lost yet another icon. It also, however, serves a useful reminder – even those who appear to have all the financial success in the world, don’t necessarily ensure their financial affairs are in order. Shortly following…

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e-Signed, Sealed, Delivered….and Legal

Earlier this week, the Law Commission in the UK confirmed that electronic signatures can be used to sign formal legal contracts under English law. John Hancock is rolling over in his grave. In England and Wales, the Law Commission is an independent legal advisor set up by Parliament to review laws and recommend reforms. The Commission has issued…

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