Estates / Wills / Trusts
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What happens when a trustee's claim seems excessive?

By Matthias Duensing There is no question that estate trustees are entitled to compensation for their work. But the amount they claim can be contentious. When a ... Read more

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Samaroo-Tsaktsiris to share insights on estate and retirement planning

Toronto lawyer Sarita Samaroo-Tsaktsiris will share her insights on estate and retirement planning at an upcoming “Planning for your financial future” session, ... Read more

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How does solicitor/client privilege apply on testator’s death?

By Ian Hull What happens to communications between a solicitor and a testator once the testator passes away? Can privilege be waived in order to determine the intentions of a ... Read more

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Second homes bring capital gains tax headache

The rise in second homeownership and in property values generally means more testators and heirs need to consider the effect of capital gains tax, Toronto estates ... Read more

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Lifetime benefit trusts protect RRSPs for children with special needs

Financial planning for the future needs of a child with special needs is a challenging responsibility, but starting early can give parents peace of mind, says Ottawa ... Read more

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Not naming an executor can add cost, complications

Death might be a certainty, but preparing for it sure isn’t, Toronto wills and estates lawyer Matthias Duensing tells The Lawyer’s Daily . “While everyone ... Read more

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Blended family feud over large estate

By Charles Ticker A recent  story  about a matter before the London High Court illustrates some of the estate planning difficulties a blended family may ... Read more

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Attorneys for property and the right to claim compensation

By Suzana Popovic-Montag The Ontario Court of Appeal recently considered the issue of the applicable limitation period for claims for compensation on a passing of accounts. ... Read more

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Hull, Popovic-Montag to share estate planning meeting tips at TLA event

Toronto estates and trusts lawyers  Ian Hull  and  Suzana Popovic-Montag will share their methodology for conducting streamlined estate planning meetings at an ... Read more

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Plan early for transfer of family cottage

While the family cottage is generally a place filled with happy memories, the significant sentimental and financial value that some attach to the property may lead to contentious ... Read more

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The common law slayer rule

By Ian Hull The common law slayer rule makes the law in Canada clear that committing murder will prevent a person from inheriting the estate of the victim. For clarity, the ... Read more

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Joint ownership to reduce probate fee can prove problematic

Although the estate administration tax has some lawyers and their clients focusing on probate fee reduction strategies including the transfer of assets to a joint owner, this can ... Read more

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Hull to explore connection between estates, family law

Toronto trusts and estates litigator  Ian Hull will share his insights on the connection between estate matters and family law at a pair of events this April. On ... Read more

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Heirs fighting over estate of famous harpist

By Charles Ticker A recent  story  from London, England is a great example of a will challenge caused by a beneficiary being disinherited. The dispute involves the ... Read more

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Focus on independent practices key to retention

Although keeping lawyers on board is the preferred route, law firms have to be realistic about the fact that not much can be done to stop individuals who exhibit an ... Read more

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Rulings provide contrasting views on court's role in probate

Although a pair of recent Ontario Court of Appeal decisions address the issue of a court’s jurisdiction and role in matters of probate, the rulings send a mixed message on ... Read more

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The position of executor: from cradle to grave – Part III

By Avi Dahary Taking inventory of estate assets In part two of this series, I explored the initial steps one needs to take when they are named an executor in a ... Read more

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Make peace before the estate wars break out

A recent decision making an estate trustee pay costs resulting from a family squabble over scrapbooks highlights the need to plan for emotional upheaval when making a will, says ... Read more

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Use of image, likeness after death gifted under will

The use of 'personality' — such as a deceased celebrity’s image — is recognized as an asset that can be gifted under wills, and may be the subject of more court ... Read more

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Advertising for creditors: does standard practice need updating?

By Suzana Popovic-Montag An estate trustee must ensure that the deceased’s debts have been discharged prior to making any distributions. This is usually done by ... Read more

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