Total 493 Posts
Written by: Natalie Bender A couple of weeks ago, I posted a blog about Harper Lee’s estate. You may recall that the author of ‘To Kill a Mockingbird’ passed away in 2016, and that the New York Times recently filed a motion to remove the Sealing Order on Probate as a matter of public interest. Harper Lee’s estate has made the news again. A Broadway play based on her….
The Show Must Go On? Continue Reading »
Estate Administration, In the News, UncategorizedI was traipsing thru some estate journals and articles recently and I stumbled upon the reporting of a recent matrimonial case which gave me pause, and to many practitioners in estate and matrimonial matters, I am sure. Practitioners have long held the view that entitlement to spousal support under most matrimonial settlements do not survive the death of the spouse receiving the support. As one Justice noted in a recent….
SPOUSAL SUPPORT AND BEYOND? Continue Reading »
Contracts, Estate Administration, Estate Litigation, Estate Planning, Executors, In the News, Separation, Spouse, Uncategorized
An estate trustee may decide to forego passing their accounts because of the associated costs and seek a release from the estate’s beneficiaries instead. However, when the capacity of a beneficiary is in question, a release may be set aside. In Foisey v. Green, the Public Guardian and Trustee (“PGT”) as litigation guardian for Ms. Foisey sought to set aside a release she signed three months before she was found….
Court Set Asides a Release and Orders a Passing of Accounts Continue Reading »
Capacity Law, Estate Administration, Estate Litigation, Passing Of Trustees’ and Executors’ AccountsBelieve it or not, this is the title of a recent release from the Canada Revenue Agency (“CRA”). Is there really a softer side to the CRA? Let’s face there is a lot to do after a loved one dies, and a lot of it not related to tax. But from experience, it does not take long for the subject to come up, which reminds me of the time I….
What to do when a loved one dies? Continue Reading »
Canada Revenue Agency, Estate Administration, Executors, In the News, Tax Issues
The phrase “No good deed goes unpunished” is often attributed to Clara Boothe Luce, an American Dramatist, who was the first American woman appointed to a significant ambassadorial post abroad. Today it is often used to express the idea that beneficial actions often go unappreciated or are met with hostility. The decision of the Ontario Court of Appeal in Teixeira v. Markgraf Estate, 2017 ONCA 819 no doubt left Arlindo….
No Good Deed Goes Unpunished Continue Reading »
Elder Care, Estate Administration, Estate Litigation, TrusteeWith the filing deadline for trust tax returns fast approaching, it is a good idea to take a look at some recent tax news which may be of some interest to executors. The Canada Revenue Agency (CRA) was recently asked their view on whether a beneficiary of an estate has the right to income of an estate after the estate has passed the end of the “executor’s year” such that….
Estate income entitlement Continue Reading »
Canada Revenue Agency, Estate Administration, Estate Planning, Executors, Tax Issues, Wills