Estate Administration

Total 493 Posts

Principal residence – deceased vs. estate

• • 3 Comments

The over-heating of the housing market that started in 2021 is starting to slowly cool off as a result of rising interest rates. This cooling of the over-heated housing market has given rise to a potential scenario that was originally addressed by the Canada Revenue Agency (CRA) in a technical interpretation issued in January of 2009[1]. The potential scenario exists when a decedent is deemed to have disposed of their….

Principal residence – deceased vs. estate Continue Reading »

Estate Administration, Real Estate, Tax Issues

Illiquid Assets and Estate Donations

• • 0 Comments

Tax relief for an estate donation cannot be claimed until the property is transferred to a charity.  No tax receipt; no tax credits.  If the distribution is after 60 months after death of the donor there is no tax receipt at all.  But what if the estate has illiquid assets that can’t easily be monetized, but may, possibly, be transferred in-kind to a charity? Extended claim period Formally, the tax….

Illiquid Assets and Estate Donations Continue Reading »

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

You’re not my mother!

• • 0 Comments

A child’s relationship with their parents is complicated. If a child is in extended society care, previously known as being a Crown ward, that’s probably an understatement. But what happens in the unfortunate situation that a child under society care passes away? Nobody likes to contemplate the death of a child, but it raises all kinds of logistical questions. For one, who has the right to make burial arrangements for….

You’re not my mother! Continue Reading »

Estate Administration, Family Conflict, Funeral Planning

Digital Assets: Spotlighting Client User Considerations (Part II)

• • 0 Comments

Today’s blog post was written in collaboration with Adele Ambrose – Student-at-Law at Fasken. This is the second part in a two-part blog series that explores the specific client considerations for digital assets in estate planning. In Part I, we took a look at the digital assets landscape in Canada and examined the legal considerations (and barriers) for managing digital assets in estate planning. From an estate planning perspective, while….

Digital Assets: Spotlighting Client User Considerations (Part II) Continue Reading »

Contracts, Estate Administration, Estate Planning, Property, Succession Planning

Estate Trustee Compensation – Discretionary Factors

• • 1 Comment

Estate trustees are entitled to seek compensation for their work. Unless an exception applies, the court will exercise its discretion to determine the amount…..

Estate Trustee Compensation – Discretionary Factors Continue Reading »

Attorney Compensation, Compensation, Estate Administration, Estate Litigation, Executors, Family Conflict, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Compensation, Trustee Disputes

Anything New with Passing of Accounts?

• • 0 Comments

Much has been written about the significant changes to the Ontario court probate forms and processes that came into effect on January 1, 2022, and more recently the July 1, 2022 amendments.  But, is there anything new with passing of accounts? Surprisingly, there have been no changes to the court rules and forms regarding passing of accounts since January 1, 2016.[1]  You may recall some of the 2016 changes, which….

Anything New with Passing of Accounts? Continue Reading »

Estate Administration
Scroll to Top