All About Estates

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Total 543 Posts

The Defence calls Ed Sheeran

*There are 22 Ed Sheeran song references in this blog. How many can you find?* The key to winning any court case? Sing. You’ll make the judge swoon. If you are acting as the executor for the estate of an artist, intellectual property is likely your most valuable asset. Some…

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The Perpetual Debate over Endowments

  Charitable endowments are having a challenging moment.  Despite the historical success of this medieval European charitable fund structure, the accumulation of capital for public benefit has always faced controversy.  Endowments, which focus on long-term public benefit, have a built-in tension between capital and annual spending.  Does the capital exist…

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Estate Planning and the Indian Act

This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management   Estate planners and administrators must consider a variety of factors when assisting clients. We often speak about tax planning, insurance, and considerations for different types of assets including jurisdiction. We speak about residency for tax…

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POWERS OF ATTORNEY FOR CARE – THE SOFTER SIDE OF ESTATE PLANNING

This Blog was written by Emily Racine, Estate and Trust Consultant with Scotia Wealth Management  Many of my estate planning conversations revolve around what I call the “hard topics” – such as, how do I save on taxes? Should I avoid probate? Do my children need a trust? However, one…

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Charitable purposes and estate donations

Estate planning is an exercise in time travel.  It is impossible to predict the future, especially when the time gap between planning and death is often decades.  Fast forward 25 years, a charity may not exist when the estate is distributed. Charity law identified this problem and a solution to it over…

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Gefen Estate v. Gefen

The Ontario Court of Appeal (“ONCA”) decision in Gefen Estate v. Gefen is an interesting read which provides insight into a variety of topics including mutual wills and mutual will agreements, secret trusts, the doctrine of unconscionable procurement, and more! By way of background, Elias and Henia Gefen were married…

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Analog Art, Analog Assets

For my last blog post, I discussed the potential financial value of an individual’s “personalty” and clauses in wills governing such personalty. While an individual’s more traditional assets may include bank accounts, real estate or vehicles, there may also be some other personal items (e.g. collections) that may have significant…

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In the matter of the Estate of John Ihnatowych, deceased

This Blog was written by Jane Martin, Scotia Wealth Management In the matter of the Estate of John Ihnatowych, deceased[i] In late March of this year, a decision of Justice A. Sanfilippo was released, rectifying the will of the late John Ihnatowych (the “Deceased”). The decision prompted me to consider how…

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Atypical Asset Administration (Part 2)

This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP Welcome back! This is Part 2 of a two-part series on unusual assets and estate administration. For part one, please see my blog post here. Typical assets in an estate consist of real property, automobiles, corporations, investments,…

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May the 4th be with you and your estate

I’m nerdy about my fair share of things. Star Wars isn’t one of them. But this is an estates blog and arrangements need to be made to take care of Baby Yoda should anything happen. Truth is, whenever the AAE schedule comes out, the first thing I do is sign…

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