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TRUST TAX RETURN NOT NEEDED as part of The Full Monty

dale
Date: 14 May, 2021

A common strategy that our firm has been recommending to our clients, is one we call the “Full Monty” which is a comprehensive approach to adding the names of trusted children to the assets of elderly testators. In English, if one is closer to the end of their life, a facet of estate planning may […]

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NEW RULES WITH RESPECT TO SMALL ESTATES

NEW RULES WITH RESPECT TO SMALL ESTATES
Date: 13 May, 2021

Effective February 12, 2021, the laws with respect to “small” estates have changed dramatically. The law is so new that while it is effective February 12, 2021, it has only recently been enacted. This is part of the Accelerating Access to Justice Act. This is done by amendments to the Rules of Civil Procedure, specifically […]

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REVOLUTIONARY CHANGES IN THE LAWS REGARDING WILLS IN ONTARIO

law
Date: 06 May, 2021

As we had touched on in an earlier blog, one of the ramifications of COVID-19 has been to trigger changes to the way courts and laws are applied throughout the Province.  One of the areas that are being updated under the Accelerating Access to Justice Act is the laws with respect to Wills.  The changes […]

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Upcoming Changes to the Divorce Act Regarding Custody and Access

Date: 19 Mar, 2021

On March 1, 2021, significant changes to the Divorce Act are finally coming into force after the government deferred the coming into force date. One of the main goals of these legislative changes relates to the best interests of children and promoting the same.  The best interests of the child is the only consideration for […]

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Disclosure in Family Law

Date: 25 Feb, 2021

It is a capital mistake to theorize before one has data. Insensibly, one begins to twist facts to suit theories, instead of theories to suit facts”. Sherlock Holmes While spoken by the famous detective, one finds that proving the validity of claims in family law is no different. Whether you are alleging the misuse of […]

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UNDUE INFLUENCE

Date: 08 Feb, 2021

Another common method of attacking the validity of a Will is an allegation of undue influence.  For a claim of undue influence to be effective, one would need to prove that the intent of the person making the Will had been overwhelmed and replaced by the person exerting the undue influence.  Imagine the scenario of […]

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Estate Administration – Income Taxes

Date: 05 Feb, 2021

I want to first acknowledge that any errors in this blog article are my sole responsibility, but I tip my hat to Ms. Estelle Wieler CPA, CA, CEA (Certified Executor Advisor) of Calvin G Vickery CPA Professional Corporation for her guidance. One of the most important duties of an executor is ensuring that the final […]

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LACK OF TESTAMENTARY CAPACITY – USING IT TO ATTACK A WILL Aka DAD DID NOT KNOW WHAT HE WAS DOING WHEN HE MADE HIS WILL

Date: 05 Feb, 2021

We have commented elsewhere about the traditional methods of attacking a Will.  One of those areas is claiming the will-maker aka the Testator, lacked testamentary capacity.  In simple English, the person writing the Will did not have the mental wherewithal to actually make a Will.  The legal phrase is a lack of testamentary capacity.  There […]

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