Estates & Wills & Trusts

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

Conduct due diligence before agreeing to act as an ETDL

If approached to be an estate trustee during litigation (ETDL), it is important to agree to do so only with an understanding of what the role will entail and the inherent risk of personal liability, Toronto estates and trusts lawyer Suzana Popovic-Montag tells . Read more

Small will-drafting errors can have big repercussions

Toronto wills and estates lawyer Daniel Bernstein says small words can have big consequences if they are omitted or included in error in a person’s estate plan. Read more

The perils of bequeathing the family cottage

Leaving the family cottage for the next generation to enjoy often sounds like a wonderful idea to parents who want their children and grandchildren to continue making memories, but that’s not an approach Toronto wills and estates lawyer Mary Wahbi recommends lightly. Read more

Mediating estate disputes part 2: the process

In the second instalment of a three-part series, Toronto-area estates litigator and mediator Charles B. Ticker discusses how the mediation process works. Read more

Tips for estate planning across borders

People should update their wills and powers of attorney if they move to another province or country, says Toronto wills and estates lawyer Elinor Shinehoft. Read more