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Appealing Property Tax Assessments

As property taxation continues to increase over time, land owners are becoming more and more concerned about property assessments and looking at the appeal process for solutions.  Generally, two areas of disagreement and options to obtain relief regarding  property taxation are: 1. The land owner may believe that a property should be exempt from municipal […]

Choosing a Lawyer: Beware of An Over-Delegator!

Choosing an appropriate professional to assist you with a legal problem can be a difficult task.  Many people focus on ensuring that the proposed professional is qualified to handle their matter.  In this respect, too many stop at confirming the proposed lawyer has a legal degree and a license from the law society.  Some go […]

Precautions Against Excessive Beneficiary “Friendliness”

From time to time, factors arise in a will-making initiative that indicate that a will is not being prepared by the testator’s own “free will” but may in fact have underlying influences of coercion or fraud.  Obviously, it is critical that a will be based upon a testator’s wishes and not those of a friend […]

Spousal Choice for Inheritance

Provincial family legislation allows a surviving spouse to elect to either receive the gift(s) left them under their deceased spouse’s will (or according to succession legislation, if there was no will) or receive an equalization of marital property under said family legislation.  Usually, the surviving spouse determines his or her entitlement under both options and […]

Disinheriting Trouble-Making Beneficiaries

Testators who want to ensure that their beneficiaries do not challenge the provisions in their will often include what are known as in terrorem or ‘no contest’ clauses.  An in terrorem clause is designed to frighten a beneficiary into doing or not doing something, for example, by revocation of a bequest or devise if the […]

The Children’s Lawyer’s Concerns About RESPs

Registered Education Savings Plans (RESPs) are financial vehicles designed to help parents, relatives and other people save for a child’s post-secondary education.  Specifically, they are a contract between the plan issuer and the subscriber (the person(s) who opened the plan and makes contributions into it for the purpose of saving for a particular child). They […]

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 […]