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An estate freeze what is it and why should it be done

Date: 17 Oct, 2019

There is a very common tax-planning method called an estate freeze. The tactic is endorsed by the Canada Revenue Agency — as “garden-variety tax planning,” The following is an example of an estate freeze. Ms. Successful has built a company, now worth $30 million. She expects it will grow significantly in value by the time […]

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How to fix a will after death rectification

Date: 02 Oct, 2019

In rare circumstances, the court can repair a Will improperly drafted by a lawyer. The law can be found in various cases including the Bank of Nova Scotia, the Haugrud 2160NSC 8150 affirmed on appeal, Whittingham v. Crese and Ross v. Caunters. The court has held that it will fix a Will if the lawyer […]

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THE LAW ON REMOVING AN EXECUTOR #2

Date: 11 Sep, 2019

The law is the following: The Superior Court of Justice has inherent jurisdiction to remove trustees. The choice of the estate trustee is not be interfered with lightly. Removing an executor should only occur on the clearest cases and where there is no other realistic alternative. Anyone who has a financial interest in the estate […]

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Removing an Executor #3

Date: 11 Sep, 2019

As we have discussed elsewhere on this website, removing an executor also known as an estate trustee is not easy. In the recent case of Ford Kramer v. Mazman, a decision by Justice Casullo sitting in Newmarket, he outlined and reiterated the law on this point. Two sisters were the sole beneficiaries of their childless […]

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Dispensing With A Bond/Administration Of Estates

Date: 11 Sep, 2019

If an executor lives outside of Ontario, or if the deceased left no Will, a bond is required to be posted by the proposed estate trustee before probate is granted. The normal course of action is to ask the court for an order dispensing with a bond. In most circumstances this is granted. The bond’s […]

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Executors Duties

Date: 24 Jul, 2019

The primary purpose of an executor is to bring in the assets of the estate, pay all of its debts and then to distribute those assets in accordance with the terms of the Will. On paper, a relatively straight forward and simplistic set of rules. However, the reality often is far more complicated and can […]

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Duties of executor also known as the estate trustee

Date: 24 Jul, 2019

Even if named, do I have to act as an Estate Trustee? The answer is no. At the outset, even if you have been appointed in a Will or are the most obvious candidate to apply to be appointed as estate trustee in the absence of a Will, you are not bound to take up […]

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An Unequal Division Of Net Family Property Or How Unfair Does Unfair Have To Be or What Property Division If Together Less Than 5 Years

Date: 18 Jun, 2019

The Family Law Act for married couples (not common law) contains a formula for the division of property upon separation. Sometimes simply applying that formula, especially when one person brought into the marriage the matrimonial home, can produce an extremely unfair result. The Family Law Act does provide a provision for a division other than […]

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Homemade Separation Agreement Penny Wise Pound Foolish

Date: 18 Jun, 2019

In the recent decision by Justice Lococo of the Ontario Superior Court of Justice in St. Catherine’s, he rendered a decision after a 14 day hotly contested Trial. Numerous issues were percolating on the Judge’s stove, including retroactive child/spousal support, the income of the ex-husband, access and costs. This couple were together for less than […]

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