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 […]
Read MoreRRSP on Death
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 […]
Read MoreWHAT HAPPENS TO MY BODY AFTER I DIE and IF THERE IS NO WILL WHO GETS APPOINTED ESTATE TRUSTEE
Sometimes in estate litigation, estate lawyers or estate litigation lawyers have to deal with the question of what happens to ones remains. Most people would assume that what they have told their family would be observed. But what happens if there is a fight amongst family members. The general rule is that the executor named […]
Read MorePayment of Probate Tax – The Estate Administration Tax
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 […]
Read MoreCapital Gains – A History ( UPDATED 2025 )
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 […]
Read MoreGRE and CHARITABLE DONATIONS
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 […]
Read MoreWHAT IS A GRE – A GRADUATED RATE ESTATE
INTENTIONS MORE ON THE PRESUMPTION OF RESULTING TRUST
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 […]
Read MoreIF AN EXECUTOR FAILS TO ACT COURT CAN ORDER RECOVERY FROM A BENEFICIARY’S SHARE OF THE ESTATE
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 […]
Read MoreHorseshoes or Fixing a Will After Death
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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