Pecore, Calmusky and Mak, Oh My!!
Death and taxes (income and estate administration) are the true certainties in life. Death is impossible to avoid but sometimes it is possible to arrange one’s estate to minimize or avoid the payment of estate administration tax (probate fees). However, if this is not done in a thorough fashion uncertainty may arise and any possible […]
Appointing an Estate Trustee During Litigation
In discussing the roles that need to be filled when creating an estate plan we often spend a great deal of time talking about the role of the Estate Trustee (“ET”). Siblings who were at sixes and nines with each other before a parent dies are not likely to miraculously find harmony and enjoy improved […]
Ontario Superior Court Clarifies Duty of Care in Intestacy
Toller Cranston, five time Canadian champion figure skater, two time Olympian and Olympic and World medalist, recipient of numerous awards and distinctions, a prolific and world renowned artist, died suddenly and intestate in Mexico on January 24th, 2015, leaving a complex estate valued at over $6,000,000 including real estate, 400 original paintings valued at $3,863,907, […]
Not all Joint Assets are Clawed Back on a Dependent Support Claim
A dependent support claim is made pursuant to Part V of the Succession Law Reform Act. Here, a claimant sues the deceased’s estate on the basis that he/she was a “dependent” of the deceased immediately before death, and that the deceased had failed to adequately support the claimant under the terms of the will. If […]
Duties and Best Practices of Fiduciaries During COVID-19
The emergence of the COVID-19 pandemic has significantly impacted life as we know it in Canada, and it will continue to do so into the near future. There is extreme turbulence in the financial markets, businesses have been ordered to close, many people are working from home exercising “social distancing”, and we are communicating primarily by […]
Formal Validity of Wills
A will must have formal validity to be accepted for probate. This means that the will must be written down and signed in conformity with the Succession Law Reform Act, and case law. Any estate lawyer is familiar with these requirements however, individuals who try to draft their own wills or use will kits are […]
Standby Guardianship in Canada
“Standby guardianship” broadly refers to a legal arrangement where a parent gives another person responsibility over their child without giving up their own parental rights. This tool allows parents to plan for a situation where they may be alive but incapacitated. Though there is currently no standby guardianship legislation in Ontario, parents, lawyers, and legislators […]
Ontario Superior Court Case — Probate Fees and Double Wills
November is both make a Will month and financial literacy month — what better time to share some thoughts on a recent decision from the Ontario Superior Court on double Wills? Once we’ve helped our client with the substantive part of estate planning — the decisions on who gets the cuckoo clock, the diamond brooch, […]
Duties of an Estate Trustee
Many people are familiar with the concept of being named the Estate Trustee (formerly known as an Executor) of an estate, but few are aware of the various statutory and common law obligations that come along with this responsibility. The Estate Trustee is the representative designated to carry out the terms of a last will […]
