Best Laid Plans: The Sculpture Fund

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[caption id="attachment_11235" align="aligncenter" width="800"] Florence Wyle and Frances Loring, 1919.  Photo by Robert Flaherty[/caption]   Frances Loring (1887–1968) and Florence Wyle (1881–1968) were Canadian sculptors and life partners. In 1963 they prepared mirror wills to “assist and encourage Canadian Sculpture” through a testamentary trust, The Sculpture Fund.  Their beloved home, a Victorian church in mid-town Toronto, was to become a meeting place for sculptors and artists.  But after their deaths,….

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Estate Administration, Estate Planning, Philanthropy/Charitable Giving, Uncategorized

One Will, Two Versions

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Bayford v. Boese is an interesting case which serves as a reminder of the statutory requirements for due execution of a will. It also provides a thorough analysis of how judges dissect a witness’ evidence and generally determine who to ultimately believe at trial. Bruce Boese (the “Deceased”) was the sole owner of a 22-acre farm in Arnprior, Ontario (the “Farm”) when he died in June 2015. The Deceased executed….

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Contested wills, Credibility, Estate Litigation, Executors, Wills

When Your Property Is Not Really Your Property

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This blog post is co-written with Fatima Husnain, student-at-law at Fasken Martineau DuMoulin LLP. You might assume that all of the aspects of land within your property line belong to you, but that may not be the case. A recent British Columbia case, Douglas Lake Cattle Company v Nicola Valley Fish and Game Club, 2018 BCSC 2167, found that lakes, and the fish in it, are public property. The Douglas….

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Uncategorized

Grateful…

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This blog was written by Teresa Acs – Director, Professional Development & Process Excellence With Thanksgiving right around the corner, which nicely slides into the season of gift giving, I thought I would selfishly use this Blog to thank my colleagues. I got this idea at my local Starbucks (thank you awesome Scotia Plaza Starbucks team), where they invite patrons to jot down what they are thankful for. They even….

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Uncategorized

Resulting Trusts and Summary Judgment Motions

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With its sandy beaches, hiking trails, canoe routes, and wildlife, the Town of Wasaga Beach is a well-loved Ontario vacation destination. However, no town, however idyllic, is immune to lengthy property disputes, especially when the two people fighting are related to each other. Brother A and Brother B were at odds with each other over the beneficial ownership of a house in Wasaga Beach. Brother A was on title to….

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Compensation, Cottage, Family Conflict, Loans, Probate Tax, Property, Real Estate, Resulting Trust, Tax Issues, Trustee Compensation, Trusts

Gift of Ecologically Sensitive Lands and the Carryover period for charitable donation deduction

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In Yellow Point Lodge Ltd. v, The Queen DTC 1130, the Company owned certain lands on Vancouver Island, mostly undeveloped and in its natural state. In June 2008, the Company granted a covenant and other specified legal interests with respect to a parcel of ecologically-sensitive land, to two organizations, with estimated fair market value in excess of $5 million. Initially, the Company did not claim a deduction in respect of….

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Canada Revenue Agency, Estate Administration, Estate Donations, Estate Planning, Real Estate, Tax Issues, Uncategorized, Wills
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