All About Estates

COVID-19 Update: No Adjournment of Virtual Trial

I previously blogged about Chief Justice Morawetz’s new Notice to the Profession (effective December 29, 2020) that that all non-jury matters shall proceed virtually unless it is absolutely necessary for the matter to be conducted in person. This Notice to the Profession has now been applied in Flying E. Ranche…

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Caregiving and life planning: starting off on the right foot.

The first official work day of a New Year- Yippee!  Like you, I am so glad to put 2020 behind me. My most productive undertaking during this holiday season ( in addition to binge watching Bridgerton) was the shredding of 10 boxes of old files (from 2010 and earlier), cleaning…

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New Year’s Resolutions: “creating yourself” and your estate plan in 2021

This Blog was written by: Anne McFarlane, Estate and Trust Consultant, Scotia Wealth Management  I have always loved celebrating the New Year. On top of the fancy attire, sparkly decorations, and fizzy drinks, it’s a time of reflection and reinvention. To think back to what went well in the year…

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Does the Estate Trustee Always Participate in Estate Litigation?

One of the duties of an estate trustee is to respond to litigation brought against the estate. The estate trustee is also the only person with the authority to start litigation on behalf of the estate. Because estates are not legal entities such as corporations, the party to the litigation…

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Does the Moral Behaviour of a Dependant Matter in a Dependant Support Claim?

Well-behaved children receive gifts from Santa, and poorly behaved ones just might receive a lump of coal. Does the law on dependant support work the same way?

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When Are You Married?

Most know that you don’t have to be legally married to have a “spouse” for income tax purposes, although legal marriage will work. If you have been living with someone in a conjugal relationship for 12 months or more regardless of your sex at birth, you will be considered spouses…

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Time to play Detective Santa….

I am sharing an article that I previously wrote, pre COVID. There are some things that are very different this year and large family dinners (in person) is currently a thing of past; however many of the tips listed are still very applicable when visiting (either in person or by…

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Probate Points to Remember Part 2 – Some Additional Tips

In my blog Probate Points to Remember – A.K.A. Names and More – All About Estates of October 16, 2020, I shared from my list of “Probate Points to Remember”.  I provided tips regarding how to name individuals, including the deceased, executors and beneficiaries, such as when using “also known…

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Residual Interest Gifts of Homes

Can you donate the residual interest of a principal residence to charity?  Absolutely!  The question, however, is not can it be done, but should it be done.  In most cases, the answer is no – especially for the charity. Structuring Options Let me address the structuring options first.  It is…

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A Change of Heart Does Not Create a Resulting Trust

In the recent decision of Hertendy v. Gault, 2020 ONSC 7555, the Court considered a mother’s summary judgment motion to set aside the transfer of her property to her daughter for no consideration. Facts: On October 28, 2011, Marian Hertendy appointed her daughter, Beverly Ann Gault, as her attorney for…

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