Trusts
ESTATE LITIGATION: Challenging the validity of a Will after probate
Order for Return of Certificate (Probate already obtained)When a Certificate of Appointment of Estate Trustee (Certificate) has already been issued, the proceedings to challenge a will...
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 & NFP: Income Tax and Family Law considerations at death
Income Taxes at DeathClaims arising on the death of a spouse are not many, nor is there much jurisprudence dealing therewith. But claims arising on marriage...
ESTATES & EXECUTORS: How the Family Law Act impacts the administration of an estate
Restrictions on Distribution of EstateAfter the death of a spouse, no distributions can be made out of the estate during the six month period immediately following...
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...
