When couples separate and there is a significant disparity between their incomes, it is a knee jerk reaction to assume that the person earning more will have to pay spousal support to the other. This should not be the automatic default and requires a close consideration of the facts of each case. In the decision […]
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A TAX PRIMER FOR ESTATES
At the outset, we are a law firm and we do not provide tax advice. However, we strongly urge our clients at the earliest possible date to retain the services of a qualified and designated accountant to assist in filing the various tax returns that are necessarily filed as a result of the death of […]
Read MoreBeing In Jail Is Not Necessarily a Defence To Paying Child Support
One would think that being in jail and obviously not working would be a pretty strong argument as to why one should not have to pay child support due to a lack of income. The court often does not abide by that rationale and, in many circumstances will find that one’s misbehaviour leading to incarceration […]
Read MoreAn estate freeze what is it and why should it be done
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 […]
Read MoreHow to fix a will after death rectification
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 […]
Read MoreTHE LAW ON REMOVING AN EXECUTOR #2
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 […]
Read MoreRemoving an Executor #3
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 […]
Read MoreDispensing With A Bond/Administration Of Estates
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 […]
Read MoreExecutors Duties
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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