Who Handles What? Estate Trustees vs. Lawyers in Managing an Estate
In this presentation, Kim Gale breaks down the roles of an estate trustee and a lawyer, offering insights on responsibilities, legal obligations, and best practices in estate administration.
Read MoreThe succession rights of unborn children: Future heirs
An unborn child has for many purposes been recognised and accorded varying degrees of protection by the law. This article begins our discussion of the legal succession rights of an unborn child. Legal Fiction Under the common law, children conceived but not yet born have the same rights as born children. As discussed in Fitzsimonds v.
Read MoreEstate Administration: Duties of Lawyer vs. Estate Trustee
Duties of Estate Trustees and Lawyers in Administration of Estate Co-authored by: Kim Gale and Palak Mahajan
Read MorePart 2: General revocation clauses and designated beneficiaries
Co-written by: Kim Gale and Palak Mahajan As we discussed in the first article in this two-part series, the decision of Alger v. Crumb, 2023 ONCA 209 (Alger), by the Ontario Court of Appeal addressed the issue of whether a general revocation clause in a will revokes designated beneficiaries. In this case the court was faced with two issues:
Read MorePart 1: General revocation clauses and designated beneficiaries
Co-written by: Kim Gale and Palak Mahajan The decision of Alger v. Crumb, 2023 ONCA 209 (Alger), by the Ontario Court of Appeal addressed the issue of whether a general revocation clause in a will revokes designated beneficiaries A revocation clause is a clause in the will which expressly states that the will revokes any prior wills. It can
Read MorePersonal 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
Read MoreWhat 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
Read MoreEstate 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
Read MoreBig changes for small estates
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc. Big changes for small estates On April 1, 2021, the estates law changes from the Smarter and Stronger Justice Act came into effect in Ontario. The result of the bill raised the limit for a small estate to $150,000 and
Read MoreEstate COVID problems: The rogue trustee
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc. Estate COVID problems: The Rogue Trustee A common theme in an administration of any estate is the breakdown of relationships between family members. Sometimes the estate trustee takes it upon themselves to make distributions that are not pursuant to the
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