Estate Planning and Family Law: The Matrimonial Home Part I

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A marriage contract is often an important component of an integrated estate plan. Frequently the discussion arises when the children of the first or second generation in a successful family business begin to marry, particularly where those children are beneficiaries of a discretionary family trust that holds common shares in the family business. The generation(s) that built the family wealth understandably wish to protect it from claims by the spouses….

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Court of Appeal Weighs In On Alcoholism and Testamentary Capacity

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In the recent decision of Dujardin v. Dujardin, 2018 ONCA 597, the Court of Appeal for Ontario considered the validity of wills executed by a testator suffering from chronic alcoholism. Background: Jack and Noel Dujardin (“Jack” and “Noel”) were brothers who jointly owned a farm property that had been in their family since 1958. The brothers lived on the farm together and ran the farming business as a partnership. In….

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Capacity Law, Wills

Safe Summer Tips and Vacationing with an Older Family Member

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At least 54 people in Quebec have died over the last 2 weeks due to this current heat wave; the majority were seniors. Summer has hit us hard and although all winter long we look forward to warmer weather, the heat can actually cause harm- especially to the elderly. Those of us 65 years and older, are more prone to heat stress, commonly referred to as heat stroke because our….

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Elder Care, In the News

Form T3010 Registered Charity Information Return and the CRA’s Initiatives

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In order for a charity to maintain its charitable status, the Form T3010 Registered Charity Information Return (“T3010 Information Return”) must be filed each year within 6 months following the end of the charity’s fiscal period. Approximately two years ago, the Canada Revenue Agency (“CRA”) created an infographic to remind charities of their T3010 deadlines. For example, if a charity’s fiscal year end is January 31, the T3010 Information Return….

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Canada Revenue Agency, Tax Issues

What the Law Takes Away, the Law can just as Easily Give Back

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I previously blogged about the importance of making a will to ensure that your testamentary wishes are carried through.  Eissmann v Kuntz is a recent Ontario Superior Court of Justice decision illustrating the unintended consequences of improper estate planning. Background Siegfried Kunz was born in Germany in 1937.  He married his ex-wife in 1961.  They had one daughter together, Petra, in 1962.  Siegfried and his ex-wife divorced in 1967 and,….

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Life Insurance and Contingent Ownership

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Ownership of assets into ‘joint tenancy with right of survivorship” is a mechanism of ownership transfer commonly used for estate planning to address such issues as probate fee and tax avoidance. Recently, this blog site very capably addressed the issues surrounding “joint tenancy” of life insurance in particular (“Life Insurance Joint Tenants” by Corina Weigl May 4, 2018), said issues to include partial loss of ownership and control over the….

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Estate Planning, Insurance, Investments, Joint Tenancy, Probate Tax, Property, Tax Issues, Uncategorized
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