Joint Ownership & Tax Considerations

The benefits of joint property ownership as an estate and probate planning strategy are well known; property vests to the surviving owner(s) on death thus, bypassing the estate and avoiding probate fees. In the right circumstances, joint ownership works great and facilitates the succession of the property. However, what may be overlooked are the potential unintended tax consequences associated with joint ownership. Joint Ownership: Legal vs Tax For legal purposes,….

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Estate Planning, Joint Tenancy, Probate Tax, Resulting Trust, Tax Issues

Best Mother’s Day Gift? The Gift of Time and a Clear Conversation

Adult daughter and her mother drinking tea and chatting

This week, many of us will be preparing for Mother’s Day and thinking about how we might honour our mothers or grandmothers and those who are a mothering figure. What do mothers consider the best present? Many will say that the best gift is the gift of time. Mothers with young children might yearn for quiet time and time alone, just for themselves. The paradox is that as we age,….

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Elder Management, Smart Ageing

The Rising Cost of Not Living and the CPP Death Benefit

This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP. On January 1, 2025, amendments to the Canada Pension Plan (CPP) Death Benefit came into effect, introducing a top-up for eligible deceased individuals. While this reform is long-overdue, the net benefit overall for most individuals still fails to cover the costs of even the most basic death expenses in 2025. The majority of Canadians will continue to….

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Estate Administration, Estate Planning, Executors

Suffering In Silence: A Closer Look at Elder Abuse

This blog post was written by Dave Madan, Senior Manager, Scotiatrust Elder abuse remains one of the most underreported and misunderstood social issues, often concealed beneath the veneer of familial obligations and trust-based relationships. For professionals, understanding the intricate dimensions of elder abuse is not only a matter of professional competence but also a moral imperative. Elder abuse transcends socioeconomic boundaries, manifesting in affluent communities as well as modest households,….

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Caregiving, Elder Care, Elder Law, Elder Management, Guardianship, Uncategorized, Undue influence

The Finality of Probate: Limits on Subsequent Proceedings

Probate is the process by which the validity of a Will is determined. When executors named in a Will apply for probate, they must establish that The testator satisfied the statutory age requirement to make a Will; The Will followed statutory requirements and had not been revoked; The testator knew and understood the contents; The Will was not affected by mistake; and The testator had testamentary capacity. In probate matters,….

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Uncategorized

Importance of a Judgement

  Kira Domratchev, Partner, Gowling WLG (Canada) LLP In my first blog since returning from parental leave, I decided to keep it simple and discuss the importance of obtaining a judgment on settling a matter outside of the court (particularly given the set of facts present in the following case summary). In a recent decision, the Saskatchewan Court of King’s Bench[1] addressed a scenario where the applicant was owed money….

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Uncategorized
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