Lifetime Benefit Trusts
On death, RRSPs and RRIFs belonging to the deceased are deemed to have been included in the deceased income immediately before death and are taxed on their full market value as of the date of death. Created by s. 60.011 of the Income Tax Act, a Lifetime Benefit Trust (“LBT”) allows the rollo…Continue reading the post titled Lifetime Benefit Trusts
A Primer on Real Estate Issues in Estate Litigation
This paper provides a high-level outline — the “Coles notes”— on frequently encountered real estate issues in estate litigation, specifically, claims arising from proprietary estoppel, the doctrine of part performance, unjust enrichment and the imposition of resulting trusts. It also briefly…Continue reading the post titled A Primer on Real Estate Issues in Estate Litigation
21st Annual Estates and Trusts Law Summit – October 10 & 11
Siskinds associate Dagmara Wozniak will be speaking at the 21st Annual Estates and Trusts Law Society of Ontario Summit on October 10th, sharing her knowledge on the topic of “Real Estate Issues in Estate Litigation”. To find out more about the two-day summit, taking place at the Metro Toron…Continue reading the post titled 21st Annual Estates and Trusts Law Summit – October 10 & 11
What is a Qualified Disability Trust?
The Qualified Disability Trust (QDT) was created in 2016 to temper changes to the tax rules for testamentary trusts (trusts set up by a Will). All testamentary trusts used to benefit from the graduated tax rates, however this was changed to tax all testamentary trusts at the top marginal rat…Continue reading the post titled What is a Qualified Disability Trust?
Guardianship Applications under the Children’s Law Reform Act
A minor is considered to be a person under the age of eighteen years. In Ontario, a parent is automatically the guardian of the person of his or her minor child. However, a parent is not automatically the guardian of property of his or her minor child. In certain circumstances, a paren…Continue reading the post titled Guardianship Applications under the Children’s Law Reform Act
Financial Exploitation and Elder Abuse
What is Elder Abuse? Several millennia have passed since, according to the Book of Genesis, Jacob and his mother, Rebecca, conspired to trick Isaac who was, according to biblical scholars, by then an ailing and blind 130 year old man. They tricked him into believing that Jacob was his bro…Continue reading the post titled Financial Exploitation and Elder Abuse
Concerned Beneficiary? Court Finds Will Challenges Must Have Minimal Evidentiary Basis
The recent decision in Seepa v Seepa, 2017 ONSC 5368 contains observations that may have an impact on future Will challenges under Rule 75.06 of the Rules of Civil Procedure and in particular, on the materials that must be placed before the court in the “Motion for Directions”, which typical…Continue reading the post titled Concerned Beneficiary? Court Finds Will Challenges Must Have Minimal Evidentiary Basis
Twelve FAQ for Wills and Estates
Siskinds’ Will and Estate Lawyers respond to hundreds of calls each year. Here is a list of the questions I am most frequently asked, and my standard responses. How do we find out if there is a will? What happens in an intestacy? When is there a reading of the will? How do I get...Continue reading the post titled Twelve FAQ for Wills and Estates
What happens if a deceased’s will is lost? What if it has been destroyed?
Estate trustees – an individual (or individuals) appointed to administer a deceased’s estate – may find themselves unable to locate the original copy of the deceased’s Will. Perhaps the Will has been misplaced, or destroyed. What is to be done in these situations? Luc…Continue reading the post titled What happens if a deceased’s will is lost? What if it has been destroyed?
Whittling Down Our Testamentary Freedom
Testamentary freedom – the principle that a person of sound mind is free to leave his or her estate to whomever they like, for whatever reason, and without explanation– is a deeply entrenched notion in Canadian common law and society. However, as those of us in the estates and trust field kn…Continue reading the post titled Whittling Down Our Testamentary Freedom