All About Estates

Common Law Spouse Brings an Unjust Enrichment Claim

In Lynk v Bennett Estate, a common law spouse brought an unjust enrichment claim against her late partner’s estate The Deceased, Mr. Bennett, had separated from his wife, Mrs. Bennett in 2004 but never divorced.  He entered into a common law relationship with Ms. Lynk.  They resided together for 15…

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U.K. Inheritance Tax – It Could Apply

Are you a U.K. citizen?  A simple question that may trigger many additional questions from the estate advisor if the answer is, yes. Why? Canada and the U.K.  impose income tax obligations on the basis of a taxpayer’s residency.  However, the current U.K. Inheritance Tax (IHT) applies to the much…

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Plan Well to Relocate an Older Person Across the Country – Part 2

Well before deciding to relocate an older person across the country, carefully consider the pros and cons. It can be far more disruptive, stressful, and costly than you might think. A well-thought-out plan created a year or more ahead of the move can decrease negative impacts and increase the chance…

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Canadian State Funerals, a deep dive

My dog and I have a habit of visiting our neighbours at least once a week. After Final Jeopardy, maybe on a Tuesday or Wednesday, I ask George if she wants to go visiting, and my little cockapoo loses her little dog mind, races to the door, and charges down…

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Chat, j’ai pété (and left a stink)

Since the widespread launch of cheap, accessible, generative AI platforms like Open AI’s ChatGPT, Bing Chat, Google Bard, Cohere Coral, etc. we’ve all read the news articles and blog posts written using AI to show off the possibilities these new tools present. In the legal industry, there’s buzz around the…

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PROCEED CAREFULLY – FRAUDULENT CONVEYANCES

Kira Domratchev, Associate Gowling WLG (Canada) LLP I recently came across an interesting decision of the Ontario Superior Court of Justice where the Court used the doctrine of a resulting trust to reach an outcome on a series of events that left a creditor unable to collect an outstanding costs…

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Will Challenges and Limitation Periods: Court of Appeal Weighs In

The question of whether will challenges fall under the standard two-year limitation period has long been a topic of consideration in lower courts[1]. Does the limitation clock start ticking at the date of death, upon discovering the existence of another will, or when there is knowledge of both the existence and content of another will? The Court of Appeal has finally spoken on the issue … well, sort of.

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DONOR ADVISED FUNDS AND PRIVATE FOUNDATIONS

This blog has been written by Mahsa Pezeshki, Charity and Not for Profit Clerk at Fasken LLP Vehicles for organized and strategic charitable giving Understanding the differences between these two vehicles is a good starting point for philanthropic planning. Each giving option can be an effective and personal method for…

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Summary Judgment in Estate Litigation, and the Role of a Financial Advisor as a Witness

It is widely known by estate litigation lawyers that the courts are clogged with disputes, often leading to lengthy delays in the obtaining hearing or trial dates.  Summary judgment is one way that the courts can decide cases efficiently.  To achieve a just result, a lengthy trial with oral testimony…

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The End of Zoom Wills?

In order for a Will to be valid, the testator must sign in the document in the presence of two witnesses. During the COVID lockdown, numerous jurisdictions, including Ontario, enacted emergency legislation permitting the virtual or video commissioning of Wills. These measures enabled the testator’s signature on the Will to…

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