Estates & Wills & Trusts

Planning, advice may help mitigate joint tenancy tax issues

While property transfers can be a relatively straightforward estate planning tool, clients can inadvertently trigger tax liabilities if they make seemingly "insignificant" changes on their own without fully understanding the consequences, Vancouver corporate lawyer Jonathan Reilly tells Read more

Looking out for pets amid divorce and estate planning

It’s only a matter of time before society's popular opinion changes the law that relegates pets as property, predicts Toronto lawyer Elinor Shinehoft. Read more

Pope’s practice dedicated to families of children with special needs

Ottawa disabilities and estate planning lawyer Kenneth Pope works within a narrow niche, but he says there are many more people in Ontario he can help. Read more

Expertise, financial savvy key factors in choosing estate trustee

Determining whether a loved one or a trust company will manage your estate can be almost as important as setting out what your beneficiaries will receive, says Toronto wills and estates lawyer Matthew Urback . Read more

Your health — don’t let your financial guard down

By Suzana Popovic-Montag . We’re lucky in Canada — our healthcare system pays for doctor bills and hospital visits, and many employer-sponsored benefit plans provide for supplementary health insurance. Even better, universal care is actually expanding in places, such as the recent introduction of free pharmacare for those age 24 and under in Ontario. Read more

OCA split decision underscores difficulty in drafting for contingencies

Disputes involving the division of a family farm or cottage are common and it’s challenging to foresee what issues might arise after a will has been drafted, Toronto-area estates litigator and mediator Charles B. Ticker tells The Lawyer’s Daily . Read more

Top 10 tips for estate executors: Dahary

The position of estate executor is fraught with pitfalls, particularly for a person doing the job for the first time, says Avi Dahary , founder of AccounTrust. Read more

Aretha Franklin died without an estate plan

By Charles Ticker . Aretha Franklin passed away on August 16, 2018. A recent story online about her death suggests that she died without a will or a trust. This happened despite her lawyer telling her many times over the years to prepare a trust. The lawyer was her attorney for copyright and publishing matters and record deals. As a result, he may likely be involved with her estate. Read more

Inheritance tax unlikely to benefit income inequality: Horst

A report that suggests the federal government could collect $2 billion annually if it implements a tax on inheritances of $5 million or more doesn’t take some unintended consequences into account, Toronto corporate lawyer Marlin Horst tells . Read more

Substantial indemnity costs ordered against estate trustees

By Ian Hull . This case was a dispute between three siblings over a $30,000 painting. The three siblings were beneficiaries and estate trustees of their late father’s estate. Two of the siblings commenced an application in their capacity as estate trustee as against their brother and sought advice from the court regarding the painting which they alleged was an asset of the estate. They also alleged breach of fiduciary duty and sought costs of the application on a substantial indemnity basis. Read more

Dependant's relief an option for surviving common-law spouse

Common-law spouses have options even if they’re left out of the wills of their deceased partners, Toronto trusts and estates lawyer Daniel Bernstein tells . Read more

'Vicious' dispute sees family members fight over wealth

A recent case in the Ontario Superior Court shows how wealth can tear a family apart, Toronto wills and estates lawyer Matthias Duensing writes in The Lawyer's Daily . Read more

Regular reviews keep estate plans fresh

Testators should revisit their wills at regular intervals to ensure they still match their wishes, Toronto trust and estate litigator Felice Kirsh tells Read more

Disability tax credit application system flawed: Pope

The Canada Revenue Agency (CRA) is arbitrarily turning down applications for families seeking the Disability Tax Credit for their children, says Ottawa disabilities and estate planning lawyer Kenneth Pope. Read more

Outsource estates financials, advises accountant

Unbiased estate and trust accounting for large estates, or those being disputed, should be handled by independent accountants rather than within law firms that don’t have an estate accounting and tax unit, says Avi Dahary , founder of AccounTrust. Read more