Author: Gale Law - Page 4

What to do when an estate owes more than it has

Co-written by: Kim Gale and Palak Mahajan Losing a loved one is an emotional, overwhelming and turbulent time for everyone. This anxiety, coupled with the sudden responsibility to administer the estate of the deceased (if you have been appointed as the estate trustee) can be treacherous to navigate. This can be particularly challenging when the

The Family Cottage: How to Plan What Happens Next

Co-written by: Kim Gale and Palak Mahajan The Family Cottage: How to Plan What Happens Next For many families, a summer cottage has been their getaway home. It’s their break from the hustle and bustle of their lives and a breather from the mundane that life tends to be. It also becomes the place where

Personal Liability of Estate Trustees in Dependant Support Claims

Co-written by: Kim Gale and Palak Mahajan Personal Liability of Estate Trustees in Dependant Support Claims As a fiduciary for an estate, an estate trustee must comply with various legislation including the Succession Law Reform Act (SLRA) when disbursing estate assets and managing the estate. When dealing with a person who may be a dependant of the

The Pro’s and Con’s of Joint Ownership: Part 2 of the Estate Administration Tax Series

In case you missed our last article, we covered the essentials of the estate administration tax (estate tax): who applies for it, how is it calculated and who pays for it. Now that we have covered the fundamentals, we can discuss strategic tax planning. When tax planning for estates is done correctly, estate tax can

What is Estate Administration Tax, Part One

Tax planning in our daily lives can be frustrating, annoying and complicated. Tax planning for estates can feel even more onerous, complex and unimportant in our busy lives. With the emergence of COVID-19 however, estate planning has become more on the forefront of our minds. Understanding the tax implications of estate planning is pivotal

Amending an incapable person’s management plan 101

This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc. Amending an incapable persons management plan 101 As wills, trusts and estates practitioners, it is important to understand the procedure of Guardianship Applications. It is crucial that these applications be completed correctly and that the client understands their duties. What

COVID-19 Impact on Mediation & Rules of Civil Procedure

As COVID-19 continues to cause uncertainty and while impacting the economy and our lives so deeply, many predict that this global pandemic will bring an increase in matters being litigated. “My experience has been, in my practice, that significant global events are almost always followed by litigation, and I expect that COVID is no exception,”

8 Mistakes First-Time a Man Can Do About Law

Generally, visitation by the birth parents is difficult unless the process was an open adoption as opposed to a closed one. Visitation may still depend on the adoptive parents. These situations require communication and a relationship between all parties before the child ever enters the picture. After a divorce, children may turn into a battlefield

Things to Consider When Choosing a Law School Track

Estate Trustee Checklist

Estate Trustee Checklist As wills, trusts and estates practitioners, it is important to review the liabilities and entitlements of estate trustees on a regular basis to properly advise clients of what the role entails when they administer an estate. First, the liabilities: General duties and responsibilities The estate trustee should know that they have a