All About Estates

You Better Think – Who will be your Estate Trustee?

Aretha Franklin, queen of soul, passed away on August 16, 2018 in Michigan, United States.  She leaves behind unforgettable songs, a vast estate, and no will.  It never ceases to surprise me when I hear about a celebrity dying without a will (i.e. intestate).  Sure, celebrities are people too.  But,…

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Tax implications of losses incurred in a fraudulent investment scheme

All to often it is the elderly and disadvantaged who are taken advantage of in fraudulent investment schemes. The Canada Revenue Agency recently released some general information that applies to taxpayers who participated in what reasonably appeared to be a legitimate investment for income tax purposes. Generally speaking, an amount…

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Undue Influence by “Unwitting Proxy”

Undue influence results in benefits to a beneficiary/donee which would not have occurred except for the undue influence imposed by the beneficiary/donee upon the testator/donor. Undue influence can be conceptualized into two distinct types: (1) “actual” undue influence and (2) “presumed” undue influence. Actual undue influence is concerned with coercive…

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Is Priority Given to a Spouse/Common Law Partner to be an Executor in an Intestacy?

This Bog was written by; Sally Lee Is Priority Given to a Spouse/Common Law Partner to be an Executor in an Intestacy? No, but I can understand why this misconception exists. Subsection 29(1) of the Estates Act creates the confusion by naming the surviving spouse/common law partner before the next…

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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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Lessons Learnt from Children: Making A New Friend

I had previously blogged on the state of loneliness and the efforts being made in the UK with the creation of a Minister of Loneliness. We know that this is also a huge problem in own backyard and one that we continue to need to be aware of. My colleague…

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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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Profit Pastor Has His “Bill Clinton” Moment

On August 17, 2018, Justice Fred Myers released his reasons for dismissing a pastor’s request to extend a July 2018 publication ban and order sealing the court file in respect of a paternity lawsuit brought by the pastor against a former congregant and lover who claimed he had fathered her…

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You are as old as you feel, or are you?

Over the last few months I have attended two 90th birthday parties. Both had a common theme for me, which was how good it is to have family and friends around. Both of these 90 year old gentleman are still sharp, engaging and while less active than they once were,…

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