Estate Administration

Total 493 Posts

When is a Dividend Not a Dividend?

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In Trower v. the Queen, 2019 TCC 77, the Company was privately held by the taxpayer and her spouse (49% and 51% respectively) until the taxpayer ceased to be shareholder in the Fall of 2016, pursuant to a separation agreement between the spouses. The company prepared and filed a T5 tax slip to document that dividends were paid in 2016 to the taxpayer prior to her ceasing to be a….

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Canada Revenue Agency, Contracts, Estate Administration, Practice Management, Separation, Small Business, Spouse, Tax Issues, Uncategorized

Fiduciary Investing Series – Fun, fun, funds

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This blog has been written by Robert Boyd, Director, Scotiatrust. Mutual Funds, Hedge Funds and Exchange Traded Funds (ETFs) are all well known to the general public and reasonably well understood investment vehicles, however there is a trust specific fund that has fallen out of favour in recent years, somewhat unduly in my view. Common Trust Funds (CTFs) are a type of pooled fund that can be created under trust….

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Estate Administration, Investments, Trusts

Fiduciary Investing Series – How to avoid compounding liability in trust accounts

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This blog has been written by Robert Boyd, Director, Scotiatrust. The blog is the first in a series focusing on Fiduciary Investing that will cover a range of practical topics. When one approaches the topic of fiduciary record keeping, there is room for forgiveness for those who tune out (or nod off). It’s not a topic that gets people excited, although the litigation that can occur from incorrect management of….

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Estate Administration, Estate Litigation, Executors, Liability

Inadequate Execution of a Will led to Court Dispute

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In Bayford v. Boese 2019 ONSC 5663 the deceased Mr. Boese was the sole owner of a farm in Eastern Ontario he inherited from his parents. He never married and had no children. For two decades prior to his death, Mr. Boese was assisted in the operation of the farm by his friend, Ms. Bayford. Under a will made by Mr. Boese two years earlier, the farm property was to….

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Contested wills, Credibility, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Power of Attorney, Uncategorized, Wills

“Death be not proud, though some have called thee mighty and dreadful, for thou are not so…” – John Donne

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It is never easy when a loved one dies. Only adding to one’s grief is the fact that the administrative tasks to deal with a death can be complicated. There is any number of loose-ends to address and specific steps to take to bring finality to a life well-lived…..

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Caregiving, Elder Care, Estate Administration, Estate Planning, Executors, Funeral Planning, Geriatric Care Management, Spouse, Succession Planning

Trustee’s Personal Liability – It Could Go on for Years!

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Take the case of Estate of Ronald Alfred Craymer v Hayward et al, 2019 ONSC 4600, The Craymers were married in the 1980’s. It was a second marriage for Mrs. Craymer and a fourth marriage for Mr. Craymer. At the time of their marriage, Mrs. Craymer had three adult children of her own and Mr. Craymer had four adult children. The Craymers were married for thirty-two years until Mrs. Craymer….

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Capacity Law, Estate Administration, Executors, Guardianship, Liability, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Spouse, Trustee, Uncategorized
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