Wills, Estate Planning & Wealth Preservation
- Business Succession
- Certificate of Appointment & Probate
- Estate Planning & Administration
- Power of Attorney
- Trusts
- Wills, Primary & Secondary
Keeping your Trusts Clean
Cleansing Tainted TrustsA qualifying spousal trust could inadvertently lose its special status by inadvertently putting capital in the hands of persons other than the spouse. In such situations,...
Guardians of the Property of Minor Children
No one, including parent or custodian, has an inherent right to possess or control property or assets otherwise belonging to a minor child. They can, however,...
Guardians Chosen in a Will, and the the Children’s Law Reform Act
Guardians, Custodians, and the Children’s Law Reform ActConventionally, “guardians” of minor children are whomever the parent has named in his or her will to take care...
Taxation at Death: Using Rollovers to Defer Taxes
RolloversAccording to the Canadian Income Tax Act there are two circumstances under which death need not bring forth a deemed realization of non-depreciable capital property or...
The Liability of Personal Representatives in Estate Administration
Personal Liability of Personal RepresentativesThe purpose of the personal liability provision is to encourage personal representatives to ensure that they do not overlook their obligations, such...
Creditors, the CRA and the Role of Estate Trustees
The personal representative (ITA, s. 150(3)) carries the responsibility of addressing the tax consequence of a taxpayer’s death. But the ITA (Income Tax Act) does not...
The Court Appointment of Guardians (for Mentally Incapable Persons)
Disposition by the CourtUnder s. 77(3), there are three possible dispositions of the matter by the judge:1) A verdict without a hearing;2) A direction to the...
The Documents Involved in the Court Appointment of Guardians for Mentally Incapable Persons
What Documents are Involved?As in the standard procedure, the Notice of Application and the Affidavit of the Applicant (including exhibits) are to be prepared so as...
Resulting and Constructive Trusts: Damages and Vesting Orders
Damages and Vesting Orders in Lieu of Constructive TrustThe Ontario Superior Court of Justice in McLean v. Danicic et al. discussed an application by a common...
Resulting and Constructive Trusts: A Case in Point
Constructive Trusts Without Unjust EnrichmentIn a majority judgment in Soulos v. Korkontzilas, the Supreme Court of Canada noted that a constructive trust arose in the absence...
