Contract Law in Estate and Guardianship Litigation

• • 0 Comments

In estate or guardianship litigation, disputes may arise in respect of contracts purportedly made by an individual before his or her death or by an attorney for property on behalf of the grantor. While it is trite that such agreements may be set aside on the basis of incapacity or undue influence (topics which have been discussed extensively in previous AAE blogs), it is important to consider some of the….

Contract Law in Estate and Guardianship Litigation Continue Reading »

Contracts, Estate Litigation, Executors, Family Conflict, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Undue influence

Ontario Estate Information Return Essentials

• • 1 Comment

  The Institute of Law Clerks of Ontario recently hosted an education session on Ontario’s Estate Administration Tax (“EAT”) and the Estate Information Return (“EIR”), presented by a representative of the Ontario Ministry of Finance (“MOF”). I was particularly interested in this session as I wrote about the new online filing process for EIRs in my last blog post https://allaboutestates.devrieslitigation.com/estate-information-return-the-new-online-process/. Today’s blog will share some of the key takeaways from….

Ontario Estate Information Return Essentials Continue Reading »

Estate Administration, Estate Administration and Probate Applications, Estate Planning, Probate Tax, Tax Issues, Wills

Articles and Personal Effects – Oversight for Wills

• • 2 Comments
Scotiatrust

This blog post was written by: Holly Van Schouwen, Estate and Trust Consultant, Scotiatrust Victoria It’s a sad time, A parent has passed on and the adult children are reviewing the Will.  One or more of the children are named to provide oversight in distribution of personal effects (articles).  This can become a contentious issue if there are strained relations within the family. Where there is no specific language around….

Articles and Personal Effects – Oversight for Wills Continue Reading »

Estate Administration, Estate Planning, Executors, Trustee Disputes, Wills

Plan for Diminishing Capacity: How to Approach

• • 0 Comments

This blog is the third blog in a series on this topic and is written specifically for family members. In our last blog, Plan for Diminishing Capacity: Pre-dementia Financial Warning Signs – All About Estates, we discussed unusual financial behaviours. If a loved one is missing bills, repeating transactions, or falling for scams, it may be more than forgetfulness. These early financial warning signs could indicate mild cognitive impairment, a….

Plan for Diminishing Capacity: How to Approach Continue Reading »

Elder Management, Smart Ageing

We Have a Joint Ownership Problem

• • 1 Comment

This blog has been written by Rahul Sharma, Partner, at Fasken Martineau DuMoulin LLP, Toronto Joint ownership of property with a right of survivorship is perhaps the most common or popular means by which a couple, for example, owns a home in Ontario.  Simply put, “joint with right of survivorship” means that when one of the two joint owners dies, the other becomes the owner of the property.  The succession….

We Have a Joint Ownership Problem Continue Reading »

Estate Planning, Property, Spouse, Succession Planning, Tax Issues

Artist Foundations

• • 0 Comments

In the U.S. there is a generation of contemporary artists who have never been richer and they are endowing – with art and money – some significant foundations. Cy Twombly Foundation, for example, reportedly has assets of over $1.5 billion. There is even a support initiative called the Artist-Endowed Foundation Initiative, which seeks “to strengthen the charitable impact” of these entities. In Canada, the tradition of the artist foundation is….

Artist Foundations Continue Reading »

Estate Planning, Philanthropy/Charitable Giving, Uncategorized
Scroll to Top