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Give Me My Share!

In our most recent blog post, we discussed the importance of being able to review current and accurate corporate records when preparing an estate plan that involves shares of a private corporation.  Re Rudderham 9 D.L.R. (3d) 492 illustrates the problems that can arise if restrictions on the transfer of shares are not known when […]

Corporate Structure and the Business Succession Plan

There are several issues that frequently arise when an estate containing regarding shares of a private corporation is being administered.  One of these issues is the ownership structure and it’s bearing on what type of estate plan is possible as well as the steps that must be taken in this regard while testator is still […]

Succession Planning for Business Owners: Sale to a Third Party

You were the budding entrepreneur—a visionary– who had a great idea and started a business from scratch. Or maybe you were one of the lucky ones that inherited a thriving business operation from a relative.  Or perhaps you ventured out and bought a struggling business and were able to steadily expand and nurture sustainability and […]

Ms. Trustee, Do It Yourself!

As a general rule, a trustee cannot delegate his or her decision-making authority with respect to the administration and management of trust assets, although the trust instrument may indicate that this was the intention of the settlor (or testator in the case of a will). The formal rule against delegation delegatus non potest delegare simply […]

Mouldy Transactions!

“Mould” is a term used to describe a large group of microorganisms (including mushrooms, toadstools and yeast) making up the Fungi Kingdom in biology. Over 270 species of mould have been discovered to exist in Canadian homes. Where moisture, heat and a source of nutrients co-exist, moulds grow and reproduce rapidly. Sources of moisture in […]

Joint Account Woes

Joint accounts often present problems for estates, including for reasons one wouldn’t necessarily imagine. Many times when a will is drafted, it is thought that all of the testator’s assets will flow through the estate and be available to pay estate administration expenses, including final income taxes arising on death. However, as the remaining balance […]

Estate Disputes Over Joint Accounts

Disputes over joint accounts are becoming increasingly common in estate litigation cases. They generally involve the situation where the deceased depositor or owner of the funds had gratuitously added the name of one or more other persons to the account, thereby creating a joint account.  In contrast, it does not involve the situation where the […]

Dependant Support Claims for Broken or Unwed Families

Ontario legislation enables dependants of a deceased person who have been inadequately provided for by the deceased, to apply to the court for support out of the deceased’s estate, regardless of whether the deceased died with or without a will.  Under the legislation, the dependant is a spouse, parent, child, brother or sister to whom […]

Plan to Give

Canadians generously give to charitable and not-for-profit causes for many reasons.  For example, some: feel compassion for others’ needs; are moved to give to a cause in which they believe; have a friend or loved one who has been affected by a situation for which there is organizational support; or fulfill religious obligations or beliefs. […]

Are Our Dearly Departed in the Way?

That`s what complaints from Mount Pleasant neighbours crying out for crematoriums to be 300 meters away from residences seem to be suggesting or even outright saying; but perhaps this is an overly simplistic summation of what some consider to be a serious controversy.  Apparently, at the root of the complaints are health concerns about crematoriums’ […]