All About Estates

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Total 573 Posts

Father Time: A Limitation Period Refresher

As the holiday season is upon us and the new year approaches, many of us are thinking about time. For those in the litigation world, time, and more specifically, limitation periods, should always be top of mind. This blog serves as a refresher for some of the limitation periods that…

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Collections as Estate Assets

For some, collecting is a way of life.  Unique legal and practical issues arise for an executor when an estate includes a collection.  In this article, I explore some of those issues when dealing with collections of fine wine, cultural artifacts, and firearms.   Wine During COVID, the Ontario government…

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Mental Health is Health: 988 Suicide Crisis Hotline Goes Live

This past week, Canada took another step forward to address fundamental changes in access to services for mental health. The 988 Suicide Crisis Hotline went live to provide immediate contact and support services for those in a mental health crisis. Calling or texting 988 gives anyone free twenty-four access to…

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Avoid Becoming Part of a Statistic

LawPro recently released its report concerning Wills and estates malpractice claims as of the end of 2022.  As we approach the busy year end, I thought it would be helpful to remind practitioners of the most common errors and some risk management tips in that regard. Interestingly (and perhaps somewhat…

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The Gift of Peace of Mind: Estate Planning during the Holiday Season

  As the holiday season approaches, our thoughts naturally turn to gift-giving, festive gatherings, and the joy of spending time with loved ones. Amidst the holiday cheer, it is important to recognize the profound gift of peace of mind that comes with a well-considered estate and trust plan.  While estate…

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Scholarships and Other Educational Awards

Student awards are one of the most popular charitable purposes, especially in estates.  Donors often strongly identify with the life changing benefit of direct educational funding to students.  Named scholarship funds are often named and constitute part of the donor’s legacy. Educational awards are such a popular purpose that there…

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Non-Resident Beneficiary and Part XII.2 Tax

It’s not uncommon for a trust or an estate to have a non-resident beneficiary. When such a situation arises, trustees should consider whether Part XII.2 tax applies. Essentially, Part XII.2 imposes a 40% tax on the non-resident beneficiary if the trust or estate earns designated income that would, if earned…

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Factors to Consider when Rebutting the Presumption that a Lost Will was Destroyed by the Testator

Today’s blog was written by Jonathon Vander Zee, student-at-law at de VRIES LITIGATION LLP The original copy of a last will and testament is lost and cannot be found… now what? Losing an original copy of a will does not necessarily mean that it is no longer legally binding or…

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Right of Survivorship or Severance of a Joint Tenancy… Which One Prevails?

Today’s blog was written by Jonathon Vander Zee, student-at-law at de VRIES LITIGATION LLP What happens when the right of survivorship in a property is gifted, but the donor then severs the joint tenancy of that same property? This was exactly the case in Jackson v. Rosenberg, 2023 ONSC 4403….

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Dia De Los Muertos: grief and joy

Autumn is my favourite time of year. It’s often frantically busy with work, but when I have a chance to lift my head up from year-end responsibilities, I savour the reminders of abundance, the wealth of the harvest in this corner of the world, and the crisp cool air is…

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