Business Succession
Creating an Estate Plan for 2021
The arrival of a New Year is the time that many of us like to make resolutions. And while that usually means thinking about things that...
ESTATE LITIGATION: Challenging the validity of a Will prior to probate
When someone seeks to overturn the last will and testament of a deceased, the process is known as challenging a will. Usually, the common grounds for...
ESTATE ADMINISTRATION: Advising the Surviving Spouse
The precise nature of the executor/trustee/personal representative’s obligation to advise the surviving spouse is not clear. If the estate trustee is responsible only to the estate...
ESTATES & EQUALIZATION: How the Courts can enforce your Family Law rights
Court OrdersThe court has extensive powers to enforce the equalization order, Family Law Act (FLA) section 9. It can order:Money to be paid;Security to be given;Payment...
ESTATES & INTESTACY: Spousal statutory rights when there is no Will
Continuing the discussion of the effects of a Family Law election on various aspects of estate administration; its effect on intestacy is now reviewed.Effect on IntestacyIn...
ESTATES & EQUALIZATION: Spouses electing their Family Law rights and the consequences thereof
It cannot be stressed enough how important it is for the surviving spouse to establish his or her entitlement to insurance proceeds and to survivorship benefits...
ESTATES & EQUALIZATION: How can a spouse elect his/her family law rights over a Will
The Equalization ClaimA right for the surviving spouse to make an equalization claim under the Family Law Act (“FLA”), subsection 70(1)(b), is possible only due to...
ESTATES & NFP: How your estate will be impacted by your spouse’s statutory rights
The Impact of the Family Law Act on Estate Administration The administration of estates became very complicated with the enactment of Ontario’s Family Law Act (“FLA”)...
TRUSTS & ESTATES: How your Beneficiaries are taxed
Taxation of BeneficiariesUnder subsection 104(13) of the Canadian Income Tax Act (“ITA”), the income of a trust or estate that is paid or payable to a...
TRUSTS & ESTATES: Transfering assets to your spouse or children
Trusts and AttributionThe attribution rules for trusts, transferors, and so on are given in Subsections 74.1(1) and 74.2(2) of the Canadian Income Tax Act (“ITA”). These...