Estate Administration – Page 22

ELDER ABUSE: A GROWING PROBLEM IN AN AGING POPULATION

Fasken • November 18, 2022 • 0 Comments

Today’s blog is co-written by Jennifer Campbell and Sandra Arsenault, Senior Law Clerks in the Private Client Services Group at Fasken. At the beginning of November, we were fortunate enough to attend the Institute of Law Clerks of Ontario (ILCO) annual conference in Niagara-on-the-Lake. This conference brings together law clerks and paralegals working in various areas of law. It is a great opportunity to network with colleagues you have not….

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Principal residence – deceased vs. estate (Part 2): Time is of the essence

John Oakey • October 25, 2022 • 0 Comments

In my previous blog, Principal residence – deceased vs. estate, I discussed the opportunity for an estate to claim a capital loss on a property that was previously the principal residence of the deceased and carry it back to the deceased’s final tax return under subsection 164(6) of the Income Tax Act (ITA). A number of readers reached out to me regarding the difficulties of realizing the loss and filing….

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Estate Administration, Real Estate, Tax Issues

Charities Lawyers Don’t Recommend

Malcolm Burrows • October 20, 2022 • 10 Comments

I recently spoke to an estate lawyer who told me she would never recommend certain charities to clients. Why? Because of the way these charities treated estate trustees. Some charities are unduly litigious, grind on fees, and are obstreperous about releases. It’s not the first time I’ve heard this comment from estate professionals – and some traumatized lay executors and family members. Sympathy for Charities It’s hard to evaluate the….

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

You Wear the Executor Hat First

Karen Watters • October 19, 2022 • 0 Comments

It’s not easy being an Estate Trustee and a beneficiary. However, an Estate Trustee must be ever mindful that she wears the executor “hat” first. In other words, the duties an Estate Trustee owes to the beneficiaries must come before the Estate Trustee’s own interests. Otherwise an Estate Trustee will be at risk of breaching her fiduciary duties and, at the end of the day, may not be entitled to….

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Compensation, Estate Administration, Trustee Compensation

Now Updating…Do Not Give Up Before All Revisions Are Complete

Fasken • October 14, 2022 • 0 Comments

Today’s blog was written by Sandra Arsenault, Law Clerk at Fasken LLP, in collaboration with Jessica Butler, Law Clerk at Fasken LLP. As we move into fall and the corresponding back to school (or office) routines, we in estates administration have a further revision to our primary “textbook.” The latest update to the CSD Estates Procedures Manual (the “Manual”)[i] is now available. This Manual, which used to be published once….

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Estate Administration, Estate Administration and Probate Applications, Executors

Intestacy and Removing an Estate Trustee

Diane Vieira • October 12, 2022 • 0 Comments

In Letourneau v Summers, the court examined the factors required to remove an estate trustee when there is an intestacy. The Applicant was the 82-year-old mother of the Deceased. She was the sole beneficiary of the Deceased’s Estate. The Respondent was the Deceased’s brother and the Applicant’s son. The Respondent’s appointment as the estate trustee without a will was originally on consent but the Applicant quickly became disillusioned with her son’s administration….

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Estate Administration, Estate Litigation