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REMOVING AN EXECUTOR IS HARD

REMOVING AN EXECUTOR IS HARD
Date: 05 Dec, 2024| Author: Fred Streiman

The Court has Options Short of Removal In the September 2024 decision in Deziel v. Deziel, the freshly appointed Justice Barbara McFarlane touched upon a number of interesting points that apply to estate litigation and the administration of an estate. Estate Litigation Lawyers and simply Estate Lawyers need to keep these concepts in mind. We […]

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RRSP on Death

RRSP on Death
Date: 29 Nov, 2024| Author: Fred Streiman

RRSPs and RIFs are a potential nightmare for Will and Estate Lawyers. Wills and probate lawyers keep an eye on Registered Retirement Savings Plans which must be converted into Registered Income Fund by the end of the year in which the owner turns 71. They offer many opportunities and pitfalls for their owners and wills […]

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Payment of Probate Tax – The Estate Administration Tax

Payment of Probate Tax
Date: 12 Nov, 2024| Author: Fred Streiman

When one is required to make an application for probate, formally known as seeking a Certificate of Appointment as an Estate Trustee, the provincial government looks for its pound of flesh. Under The Estate Administration Tax Act, the province levies a tax of 1.5% of the value of the estate in excess of $50,000. With […]

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Capital Gains – A History ( UPDATED 2025 )

capital Gains
Date: 11 Nov, 2024| Author: Fred Streiman

Most of our clients, used by the Will and Estate Lawyers, or Wills and Probate Lawyers at Dale Streiman Law LLP are aware that capital gains as opposed to straight income is treated differently under The Income Tax Act. They are generally treated more favourably. Some capital gains are completely free of any tax such […]

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GRE and CHARITABLE DONATIONS

GRE and CHARITABLE DONATIONS
Date: 08 Nov, 2024| Author: Fred Streiman

Wills and Power of Attorney lawyers keep in mind that there are various benefits to making charitable donations within one’s Will, but those benefits are maximized if the estate is a GRE . An estate can claim a donation tax credit in the year of the donation. Further, if the estate is a GRE, the […]

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WHAT IS A GRE – A GRADUATED RATE ESTATE

WHAT IS A GRE - A GRADUATED RATE ESTATE
Date: 07 Nov, 2024| Author: Fred Streiman

I see that in the will that my crazy will and estate lawyer drafted for me, there is reference to a GRE or Graduated Rate Estate. What in the name of making a simple thing complicated is a GRE? No this is not an effort by our office , lawyers in Brampton for wills, to […]

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INTENTIONS MORE ON THE PRESUMPTION OF RESULTING TRUST

intentions
Date: 17 Oct, 2024| Author: Fred Streiman

When more than one person is a named owner of an asset, arguments can arise, both before and after death as to who is the real owner. Such is the occupation of Will and Estate Lawyers, aka Estate Litigation Lawyers. In the area of Wills, Estates and Trusts not to mention Estate litigation, there is […]

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IF AN EXECUTOR FAILS TO ACT COURT CAN ORDER RECOVERY FROM A BENEFICIARY’S SHARE OF THE ESTATE

COURT CAN ORDER RECOVERY FROM A BENEFICIARY
Date: 29 Aug, 2024| Author: Fred Streiman

In the Ontario Superior Court decision in Drennan, the straight-talking straight-shooting Justice Fred Myers ,who appears repeatedly in these blog articles rightly punished one of the beneficiaries of an estate who had been appointed as its executor. The non-cooperative executor basically did nothing in the administration of the estate and allowed the mortgage on the […]

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Horseshoes or Fixing a Will After Death

Horseshoes-or-Fixing-a-Will-After-Death
Date: 04 Jul, 2024| Author: Fred Streiman

Estate Lawyers, aka Will and Probate lawyers are often asked to help with an estate. It is also not common for a Will to be confusing. The case of Salmon v. Rombogh is an example of a clash of a new law versus old formalities. A legislative attempt was made to fill a perceived hole […]

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