August 2016

Did fraudulent concealment stop the clock?

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In Roulston v McKenny et al, 2016 ONSC 2377, the deceased’s ex-wife had a claim against his estate if a life insurance policy lapsed. Even though the estate trustee knew that the policy had lapsed, she withheld this information from the ex-wife – and then argued the ex-wife’s claim was brought out of time. The deceased and his ex-wife signed a separation agreement which required the deceased to maintain $150,000….

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Estate Litigation

More on Graduated Rate Estates

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If someone has a second will pertaining to foreign assets, and the domestic executors either do not know about this second will, or cannot deal with the foreign executors on a timely basis, would the status of the estate as a graduated rate estate (GRE) be invalidated if only the domestic executors elected for the estate to be a GRE?
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Canada Revenue Agency, Estate Planning, Executors, Wills

Community-based Scholarships

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Establishing a scholarship, bursary or other educational award is a popular charitable purpose in estate plans of the charitably-minded.   There are two ways to create these awards: 1) establish at an educational institution; or 2) establish at a foundation or charity to target a particular community.  Generally educational institutions, particularly at the post-secondary level, do an excellent job of administering awards.  In my work, however, I have found a….

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Estate Planning

My First Experience with Medical Assistance in Dying (MAID)

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After approval of the legislation, it did not take long for one of my patients (identity disguised) to request access to MAID.  I knew that this was a possibility because of previous discussions regarding the eventual outcome of her debilitating and progressive medical condition.  However, it had been couched in terms of a sense of security just to know that the option was available.  In recent months, her condition deteriorated….

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Capacity Law, Estate Planning

A Gift or not a Gift? That is the Question

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Many people transfer assets to an adult child, but they often do not clearly express why they have done so. The transfer may be meant as a gift, a way of avoiding probate fees, or to simply allow access to a bank account so that their child may help manage their finances. Unfortunately, or fortunately (as the case may be), if a parent transfers an asset to an adult child, the….

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Estate Litigation, Joint Tenancy, Property, Resulting Trust, Undue influence
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