A Thought Experiment Recently, I had the opportunity to co-author a paper on deathbed retainers with Justin de Vries. In drafting this paper, I had the occasion to think about deathbed wills from every conceivable angle. The idea for this blog started as footnote 81: a hypothetical thought experiment on…
Last week, my colleague Yvonne Mazurak wrote a blog post about a recently-released television show, And Just Like That, discussing the estate planning issues highlighted by the events of the show. So, I thought I would provide a bit of a television recommendation show of my own…although my taste is…
What is Hotchpot? In estates law, “hotchpot” is a legal term of art.[1] It is an umbrella term that covers a few related concepts (e.g., a hotchpot clause, common law presumptions of hotchpot, intestacy legislation on the same). In essence, the purpose of hotchpot is to prevent one beneficiary from…
Dear readers, As you might recall, last April (of 2020) was the height of the first wave of the COVID-19 pandemic in Ontario. As part of our government’s efforts to keep Ontarians safe while still allowing access to justice, an emergency order was brought at that time to allow virtual…
We know that a suicide note can constitute a valid will in British Columbia, and possibly in Ontario. However, can a will written on a paper napkin from a McDonald’s restaurant be a valid will in Saskatchewan? This was interesting issue was addressed in Gust v. Langan. The Facts Six…
This blog was written by Robert Boyd, Scotia Wealth Management While researching an estate and trust related blog, I was recently sidetracked by the beginning of my search. As you probably already know, Google prepopulates suggested search items as you type. A further Google search informed me that the prepopulated…
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,…
With TIFF in full swing, celebrity worship is in overdrive. However, celebrities also deal with the mundane and there is often nothing glamorous about their estates. In fact, like the rest of us mere mortals, celebrities do not have a lock on getting things right. So often, there is so…
This blog was written by Teresa Acs – Director, Professional Development & Process Excellence I had the pleasure of participating at last week’s Society of Estate and Trust Practitioners (STEP) Canada Conference. Each year, the conference attendance surpasses the year before, speaking to both the quality and importance of this…
Life insurance policy – rollover at cost? In a recent technical interpretation, the Canada Revenue Agency (“CRA”) confirmed that where a spousal trust is required to pay the life insurance premiums on a policy it owns and is the beneficiary of the policy, a rollover at cost pursuant to the…