Navigating Bequests of Real Estate Under Your Will: Language Matters

• • 0 Comments

  Are you planning to leave real estate to a loved one under your Will? Do you want that property to be transferred free of debt or other claims? If you’re making a specific gift of your interest in freehold or leasehold property that is subject to a mortgage, as defined in Ontario’s Succession Law Reform Act (RSO 1990, c S.26) (“SLRA”), at the date of your death (the “Property”),….

Navigating Bequests of Real Estate Under Your Will: Language Matters Continue Reading »

Estate Planning, Property, Real Estate, Succession Planning, Wills

Business Records Exception under Section 35 of the Ontario Evidence Act

• • 0 Comments

Section 35 of the Evidence Act, R.S.O. 1990, c. E.23 (“EA”) is often referred to as the “business records” exception to the rule against hearsay. That is because, under certain circumstances, section 35 of the EA allows business records (which are defined in section 35(1)) to be filed and admissible as evidence where the information in that document might otherwise be traditionally considered as hearsay. In order to qualify as….

Business Records Exception under Section 35 of the Ontario Evidence Act Continue Reading »

Uncategorized

Trusteeship Part 2: Avoiding Pitfalls—Best Practices for Estate Trustees

• • 0 Comments

Today’s blog has been written by Latoya Brown, Associate, at Fasken LLP In Part 1 of this series, we explored the importance of selecting the right trustee, using Jones v. Jones[1] to highlight what can go wrong when a trustee lacks a clear understanding of their fiduciary obligations. In this follow-up, we turn to what happens after the appointment—how trustees can fulfill their duties effectively and avoid the kind of….

Trusteeship Part 2: Avoiding Pitfalls—Best Practices for Estate Trustees Continue Reading »

Estate Litigation, Estate Planning, Property, Trustee, Undue influence, Wills

The Three Ds

• • 0 Comments
Scotiatrust

This blog post was written by: Mario Gravel, Estate and Trust Consultant, Scotiatrust Ottawa   Allow me to share a story of a client interaction with you. Dear client, do you know how important it is to have a proper legal Will?  Yes. Check. You also know about the peace of mind that having a proper Will provides? Absolutely. Check.  Well, looks like all the ground has been covered, right?  Well, not quite. First….

The Three Ds Continue Reading »

Estate Planning, Funeral Planning, Wills

Determining the Validity of Inter Vivos Gifts

• • 0 Comments

In the recent case of Buffa v. Giacomelli, the court was asked to determine if large gifts the Deceased made to her Daughter from jointly held accounts were valid inter vivos gifts and if the Daughter had rebutted the presumption of a resulting trust with respect to the funds held in those joint accounts. The Deceased had two children, who both shared her estate under her Will with the Applicant….

Determining the Validity of Inter Vivos Gifts Continue Reading »

Estate Litigation

Clarifying U.S. Estate Tax for Canadians

• • 0 Comments

It comes as a surprise to many Canadians to learn their estate may be subject to U.S. estate tax. Indeed, the U.S. estate tax regime is broad and complex and misunderstood by many Canadians. This article will provide a summary overview of its application to Canadian and how to minimize its implications. U.S. Estate Tax Regime in General All U.S. persons (U.S. citizen, U.S. resident or green card holder) are….

Clarifying U.S. Estate Tax for Canadians Continue Reading »

Canadian and US Tax Treaty, Estate Planning, International, IRS, Tax Issues, US Taxes
Scroll to Top