All About Estates

Tag: Wills

Total 127 Posts

Don’t let your favourite TV show fool you…

Today’s blog was written by Courtney Lanthier, law clerk at Fasken LLP I was watching a show recently where, when a character passed away, he left his family a video message that included how he wanted to divide his estate. As someone who recently started drafting wills and working through…

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Charitable remainder trusts: what are they and when are they useful?

A charitable remainder trust (CRT), although not widely used in Canada, can be a useful charitable giving tool that generates an immediate tax credit for the donor. In an inter vivos context, an individual establishes an alter ego trust and transfers property to the trust on a tax-deferred basis. The trust holds…

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A Tale of Two Versions: The Court of Appeal Invalidates a Will

My colleague Joanna Lindenberg and I had previously blogged on the case of Bayford v. Boese (the decision and the costs decision, respectively) where the court upheld the validity of a challenged will (the second of two ‘versions’ of the same will). However, in Bayford v. Boese, 2021 ONCA 442…

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Joint accounts – continued

Several years ago, I wrote about probate planning involving the use of joint accounts. At the time, my father-in-law had just passed away and my mother-in-law, who survived him, was intent on paying the least amount of Estate Administration Tax (EAT). Jointly held property with a spouse or with one…

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Estate Planning and Adoption

As the date for writing this blog was approaching, I struggled to find an interesting topic to write about. I like to write about what I know or practical tips so I had to go back to the drawing board when I was drawing a blank. Today’s blog is a…

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Some Ins and Outs of RRSPs & RRIFs Transfers on Death

Generally the RRSP or RRIF of a deceased can be transferred by specific bequest under the terms of the deceased’s will to a qualifying survivor tax-free. A qualifying survivor would be the deceased annuitant spouse or common-law partner or a financially dependent child or grandchild. When payments from a deceased…

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Disability Tax Credit

The 2021 Federal Budget included proposals that would see an expansion of the Disability Tax Credit to more Canadians. The Disability Tax Credit (DTC), with a value of $1,299 for 2021, is a non-refundable credit intended to offset the impact of disability-related costs. In order to claim this credit, a…

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Thoughts on Digitally-Issued Certificates of Appointment of Estate Trustee

In the blog posted by Maureen Berry on October 9, 2020, my fellow clerks and I wrote about the welcome changes that were introduced that would allow for applications for certificates of appointment of estate trustee (the “Probate Application”) to be filed electronically.  It has now been six months since…

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Dude, Where’s My Car? – How to Transfer the Ownership of a Deceased Person’s Vehicle to a Beneficiary in Ontario

More often than not, we come across the following question from an Executor: How do I transfer the ownership of the deceased’s vehicle where the deceased specifically named a beneficiary in the Will? This seems like a fairly simple process but as I’ve learned over time, nothing is as simple…

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Removal of Executor/Estate Trustee for Perceived Conflict of Interest

Today’s blog is being brought to you by our guest blogger, Anna Chen The court may remove an executor/estate trustee under its inherent jurisdiction or under section 37 of the Trustee Act.[1]  In either case, the test to remove an executor/estate trustee is stringent, as the court will not lightly…

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