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Exercising Discretion – Beware of Absolute Powers

As the calendar year draws to yet another close, and each of us mentally checks off items on our year-end checklists, trustees of a discretionary family trust should take this time to determine whether to make a discretionary distribution of income or capital for the year ending.  Often the terms of a trust will grant the trustees a discretionary power to pay out income or encroach on capital of the….

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Changes Are Coming to the Ontario Disability Support Program

In July, the Ontario Minister of Children, Community and Social Services (“Minister”) announced that the provincial government was set to spend 100 days developing a plan “to reform social assistance so it helps more people break the cycle of poverty, re-enter the workforce and get back on track.” [1] At that time, the Ontario government also announced it was rolling back changes to ODSP that had been introduced by the….

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Art and Fair Market Value

[caption id="attachment_7127" align="aligncenter" width="550"] Sir Frederick Grant Banting, 1891 – 1941, The Lab[/caption] Fall art auction week in Toronto is just past. The biggest is run by Heffel Fine Art Auction. The results for the two Heffel auctions illustrate the challenge of determining fair market value in art. The auction catalogue listed a number of estates and charitable foundation as consignors. Clearly art valuation issues affect estate planning. Heffel offered 135….

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Estate Administration, Estate Donations, Estate Planning, Uncategorized

Limiting the Limitations Act

Estate trustees must be ready at all times to account for their management and administration of an estate.  There is no statutory requirement for an estate trustee to formally pass his or her accounts.  However, the court may order an estate trustee to do so.  As part of the estate accounting application, beneficiaries can file a “notice of objection” to the estate trustee’s accounts to request further information or documents….

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Electronic Beneficiary Designations: an Interesting Change to the Pension Benefits Act

On November 15th, the Provincial Government released the Fall Economic Statement, and its accompanying implementation Bill. Bill 57, Restoring Trust, Transparency and Accountability Act, 2018,[1] contains 45 schedules, each relating to amendments to a different statute. Buried in Bill 57, in a single line of Schedule 33, is an interesting amendment to the Pension Benefits Act: New section 30.1.1 is added to the Act to allow for electronic designation of….

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Democracy – The Right to Vote for a Dead Guy

A dead Republican pimp has won a state assembly seat in Nevada – How’s that for an attention-grabbing opening? Election season in the U.S. has wrapped and it turns out that as much as we wanted to, Canadians were not allowed to vote. But this is an estates blog after all, so that leads to the main question my blog will attempt to answer: What happens when an election candidate….

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