All About Estates

Court Orders Minor’s Funds be Paid into Court

Court declined to pay minor’s funds to parent; ordered proceeds of sale paid into court.

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Low- Interest Environment: Time To Take Advantage Again.

In past blogs, we discussed income splitting arrangements available to individuals who wish to loan funds to his/her lower income spouse or adult child, or in the case of minor children, a discretionary family trust. Such loans would be used to invest in income producing properties such as marketable securities,…

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A Virtual Q&A Session on Holographic Wills

Today’s blog was written by guest blogger, Anna Chen, Associate at Fasken LLP. The current pandemic has created a number of difficulties in having Wills drafted, signed and witnessed in the usual course.  As a result, we may see an increase in the number of handwritten Wills, which are commonly…

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Virtual Will Signings and Access to Justice: Do Social Distancing Measures in Estate Law Help Everyone?

This Blog was written by Emily Racine, Estate and Trust Consultant with Scotia Wealth Management COVID-19 has changed the landscape in almost all aspects of our day to day lives. This includes the practice of estate law. With so many vulnerable individuals looking to complete their estate plan in the…

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COVID-19: Moving Past Quill and Ink to Use New Technology

Due to the COVID-19 pandemic there is a risk that some litigation may stall. There are many skeptics to technological workarounds to conduct matters remotely. However, the perfect cannot be the enemy of the good and we cannot simply pause litigation until the pandemic is over. In Arconti v. Smith,…

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A Mother’s Day – like none other

In this time of uncertainty when we don’t know what tomorrow will bring, there are a few things we know we can count on, such as the bond between mother and child.  For those of us today that cannot hold, hug or embrace our mothers, it is indeed a difficult…

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How to Provide for Your Island in Animal Crossing: New Horizons After Your Death: Part I

This is a three-part blog series that seeks to explore the manner in which one can conduct estate planning with respect to their copy of the popular 2020 Nintendo Switch video game Animal Crossing: New Horizons. Part I will discuss the importance of this topic and describe the applicability of…

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Random Thoughts in Isolation

I hope everyone is managing well and staying safe. Here are some random thoughts in isolation: 1. Some provinces are now allowing the virtual witnessing of wills. In related news, Estate lawyers are now the new tech support 2. Until now, I bet you didn’t realize how many corporate mailing…

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Frivolous Notices of Objection Can be Struck Out

Counsel faced with responding to frivolous objections to an application for a certificate of appointment of estate trustee may wish to consider rule 25.11 of the Rules of Civil Procedure. Rule 25.11 allows the court to strike out (all or part of) a pleading, without leave to amend, on the…

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Home Buyer’s Plan and Disabled Family Member

In a recent blog, I wrote about the availability of Home Buyer’s Plan (HBP) to an individual after the death of her spouse who purchased the matrimonial home. In a recent Technical Interpretation (2019-0819671E5, D. Odubella), the Canada Revenue Agency (CRA) was asked by a taxpayer to review the availability…

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