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Summary Judgment and Limitation Periods in the Context of Estate Litigation

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Today’s blog was co-written by Ronald Neal. In Sinclair v Harris, Justice Nakatsuru granted summary judgment on the basis that the claims advanced on behalf of the estate were statute-barred. The deceased passed away in November 2015.  The Plaintiffs are the estate trustees appointed in the deceased’s will (the “Estate Trustees”).  Five years before her death, the deceased advanced approximately $137,333 to her friends (the “Defendants”) so that the Defendants could purchase a….

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Estate Administration, Estate Litigation, Joint Tenancy, Loans, Resulting Trust, Uncategorized

Today is National Senior’s Day.

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What does this mean exactly? Does it mean a greater discount at Shopper’s or at Timmy’s. I don’t think so…… It is actually a reminder to all of us to acknowledge the great contribution made by seniors every day. As boomers reach this milestone, a senior is officially defined as someone over the age of 65, but this definition in practice may vary between the ages of 55- 60 and….

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Elder Care, Uncategorized

Closing the Gap: Using Annuities to Resolve the Wait for an Estate’s Residual Beneficiaries

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Today’s guest blog is from Lea Koiv, BComm, CPA, CMA, CA, CFP, TEP at Lea Koiv and Associates and Alexandra Macqueen, CFP at Pension Acuity. Lea and Alexandra are strategic partners providing advice in areas including longevity planning and the use of annuities in client estate plans, and pension decisions including commutations, transfers, and wind-downs. Many wills provide for a spousal trust with the spouse as the income beneficiary. This….

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PLANNING AND ESTATE PLANNING FOR THE DISPOSITION OF REAL ESTATE

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I am in the middle of a very difficult Canada Revenue Agency audit of a taxpayer’s claim for the principal residence exemption. It now appears the property in question,  built by my client some 25 years ago may not qualify for the full exemption due to the fact that the taxpayer may have held other properties, which he also built, in the intervening periods which may or not have been….

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Canada Revenue Agency, Costs, Cottage, Estate Administration, Estate Planning, Investments, Property, Real Estate, Tax Issues, Uncategorized

The Importance of Being Original

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This Blog was written by: Emily Racine   As we know, the statistics are less than ideal for the number of Canadians who have a will let alone a recently updated one. That being said, having a will is not enough – it is important to have the original will. In order to apply for probate in Ontario, the original will must be turned over to the probate court. If….

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Contested wills, Estate Administration and Probate Applications, Estate Litigation, Uncategorized, Wills

An Inconvenient Truth: Cross-border Estate Barriers for Non-Resident Executors

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Today’s blog comes to you from Student-at-Law, Derrick Raphael. As a new resident of Canada there are several issues that an individual must consider such as tax implications while residing in the country as well as one’s previous jurisdiction. Additional areas of interest regard how to manage assets, property and other investments when an estate needs to be distributed. Personally as a newcomer to Canada I had yet to think about….

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Estate Planning, Tax Issues, Uncategorized, United States, US Taxes, Wills
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