“Probate” in Ontario: common questions and concerns
What is Probate? In all estates, the estate trustee will need to consider whether they must “probate” the estate. The probate process is conducted by the proposed estate trustee submitting a court application to obtain a Certificate of Appointment of Estate Trustee. This Certificate confirms…
View the post titled “Probate” in Ontario: common questions and concernsWhat if Britney Spears lived in Ontario? Examining agency and guardianships in Ontario
Britney Spears’ conservatorship, and the resulting “Free Britney” movement, has been a topic of much discussion in the news. Plenty of attention, and rightfully so, has been focused on what Britney’s wishes are with respect to the conservatorship. Recently, Britney made a powerful statement …
View the post titled What if Britney Spears lived in Ontario? Examining agency and guardianships in OntarioDependant support claims: the basics
The ability to choose who you want to include in your Will and what you want that person to receive—commonly referred to as “testamentary freedom”— is a deeply entrenched common-law principle. In the case of Canada Trust Co. v. Ontario (Human Rights Commission) (1990), 1990 CanLII 6849, the …
View the post titled Dependant support claims: the basicsUpdates to medical assistance in dying
On March 17, 2021, the federal government brought into force changes to the law regarding medical assistance in dying. These changes are effective immediately. The major change is the removal of the requirement that a person’s natural death be reasonably foreseeable in order to be eligible. …
View the post titled Updates to medical assistance in dyingConsiderations for the appointment of parents in minor guardianship applications: Santella v Bruneau (Litigation Guardian of)
In Santella v Bruneau (Litigation Guardian of), 2020 ONSC 2937, Justice Corthorn discussed factors that the Court will consider when making a determination regarding whether a parent will be appointed as Guardian of Property of their child’s funds or whether the funds will be paid into Court…
View the post titled Considerations for the appointment of parents in minor guardianship applications: Santella v Bruneau (Litigation Guardian of)New trust reporting rules in effect in 2021
New reporting and disclosure rules will come into effect in 2021 for certain trusts. For trusts in existence as of January 1st 2021, trustees must report specific information including names, addresses, birthdates and tax identification numbers for the creator of the trust (settlor), all tru…
View the post titled New trust reporting rules in effect in 2021Estate planning for professionals
As professionals progress in their careers, the estate planning process may become quite complex. The development of a clear estate plan is critical to ensure that the intentions of the testator are honoured, while dealing with the estate in the most tax efficient manner. Many business owner…
View the post titled Estate planning for professionalsVirtual witnessing of Wills and POAs during the COVID-19 emergency: considerations for estate planning lawyers
Note: This blog post has been updated to reflect the amended Order by the Lieutenant Governor in Council on April 22, 2020. On April 7, 2020, the Lieutenant Governor in Council made an Order under the Emergency Management and Civil Protection Act varying the current statutory requirements fo…
View the post titled Virtual witnessing of Wills and POAs during the COVID-19 emergency: considerations for estate planning lawyersLifetime 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…
View the post titled Lifetime Benefit TrustsA 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…
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