Estate Administration

Total 493 Posts

RESIDENCY OF A TRUST – A QUESTION OF MANAGEMENT AND CONTROL

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As my fellow bloggers have explained in some detail, there are various tenets governing trusts having legal and tax implications depending on the circumstances. One of these is the location of “central management and control” which the Courts have previously ruled as being the basis for determining residency. Recently, the Supreme Court of Newfoundland and Labrador was asked to rule on the specific issue of residency which would have significant….

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Canada Revenue Agency, Estate Administration, Estate Litigation, Estate Planning, Investments, Property, Trustee, Trusts

Memorial Jewellery – From Ashes to Diamonds?

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After cremation, most people think of ashes being “sprinkled”, held in an urn or interred. Many companies are advertising different options in the form of “Memorial Jewellery”, and one has developed a method of creating diamonds that are purportedly “molecularly identical to naturally occurring diamonds” from cremated remains…..

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Estate Administration, Estate Planning, Funeral Planning, Interest, Wills

AVOIDING PROBATE FEES WITH A POWER OF ATTORNEY?

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Much has been written about probate fee avoidance. Can you with a power of attorney engage in probate fee avoidance on behalf of a testator whose estate may be subject to probate fees?
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Capacity Law, Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Executors, Guardianship, Joint Tenancy, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Probate Tax, Property, Wills

(Un)Certainty with Probate Taxes

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As someone who counsels executors and administrators I’ve always been comfortable advising that when applying to probate the will or obtain a certificate of appointment of estate trustee without a will they are required to swear an affidavit attesting to the values of the assets caught on their application and that the values used ought to be based on sound back-up assessments. Those values then form the basis upon which estate administration (probate) taxes are required to be paid to the Minister of Finance. Recently, however, some uncertainty has been thrown into the mix. ….

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Estate Administration, Estate Administration and Probate Applications, Probate Tax
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