Constructive Trust and Proprietary Estoppel – Built With Your Own Hands

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Families often fall into patterns and routines; they are comfortable, stable, and predictable. They can also give rise to legal rights over land. The extent and enforceability of those rights will be put to the test following death or divorce. Such was the case in Tomek v Zabukovec, 2020 ONSC 2930. Joseph Sr. (the “Deceased”) and his wife Mary had two sons, Joseph Jr. (the “Husband”) and Edward. In August….

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Contracts, Estate Litigation, Family Conflict, Property, Real Estate, Spouse

WHAT ABOUT A CORPORATE EXECUTOR?

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A lot has been written about how should choose an executor, and some of it in this blog place. A couple of years ago, fellow boggler Emily Hubling wrote eloquently about the risk and rewards of appointing a professional advisor as executor. I would like to revisit some of the points made in the context of appointing a corporate executor, some who is specifically skilled and trained for the role…..

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Attorney Compensation, Compensation, Credibility, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Executors, Fiduciary Professions, Trustee Compensation, Trusts, Uncategorized, Wills

Foreign reporting and the foreign pension plan

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The Canada Revenue Agency (CRA) was asked whether a Canadian-resident individual is required to file Form T1135 (Foreign Income Verification Statement) in respect of their interest in a US pension plan.  The foreign property reporting rules are in section 233.3 of the Income Tax Act (ITA). Generally, these rules require certain taxpayers resident in Canada and certain partnerships to file an information return (Form T1135) with respect to their “specified….

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Canada Revenue Agency, Tax Issues

Family = >Essential Visitors

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This weekend I enjoyed  a wonderful homemade dinner at the home of some close friends  and it felt ‘normal’ – a life we enjoyed and took for granted before Covid. I am fortunate in so many ways and one was not living with the angst  of not being able to visit a loved one living in Long Term Care(LTC)/ nursing home. I am however aware and working with many families….

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Elder Care, In the News

How to Provide for Your Island in Animal Crossing: New Horizons After Your Death: Part III

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This is a three-part blog series that seeks to explore the manner in which one can conduct estate planning with respect to their copy of the popular 2020 Nintendo Switch video game Animal Crossing: New Horizons. Part I discussed the importance of this topic and described the applicability of a non-charitable purpose trust to this type of estate planning. Part II examined the practical considerations for operating a non-charitable purpose….

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Uncategorized

Road Testing your Incapacity Plan

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This Blog was written by Suzanna Walter, Estate and Trust Consultant with Scotia Wealth Management In Ontario, there is a massive backlog of appointments for driving tests due to the shutdown of DriveTest Centres.  This led me to quickly check the expiry date of my own Driver’s License, which quickly dispelled my fear of having to prove I can parallel park a car; a skill I have never mastered and….

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Capacity Law, Estate Planning
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