Wills, Trusts & Estates
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September 20, 2024
The use of registered disability savings plans in estate law
Registered retirement savings plans (RRSPs) have become an integral part of the estate planning process since their introduction in 1957. Although registered plans play an important role in both the financial and estate planning of many Canadians, the tax treatment of such plans can vary depending on the type of plan in question and the family dynamics involved. This article will consider registered disability savings plans (RDSPs) in particular.
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September 19, 2024
Treasury Board president Anita Anand gets second Cabinet post as transport minister
Liberal MP Anita Anand, the president of the federal Treasury Board and former defence minister in the Liberal government, has taken on the additional post of minister of transportation.
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September 19, 2024
Ontario estate decision ‘very pragmatic’ in approach to limitation periods, legal expert says
Ontario’s top court has ruled that a claim for unjust enrichment against an estate was statute-barred under the province’s Trustee Act, and a legal expert is saying the decision suggests a need to update the legislation to clarify limitation periods for claims against an estate.
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September 19, 2024
2 new partners join Torkin Manes
Torkin Manes LLP announced that Jennifer Lynch and Niklas Holmberg have joined the firm as partners.
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September 13, 2024
Family, estate law overlap: Conflicting rights of surviving spouses, children and creditors
Upon a person’s death, an unfairly-treated spouse should consider whether they will be better off by settling for their entitlement under the will or by electing and commencing an application for an equalization of net family property. This is not an easy choice. Sometimes insufficient information is available to make proper calculations and because of the competing rights of creditors, and other dependants.
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September 12, 2024
New associate joins McKenzie Lake
McKenzie Lake Lawyers LLP announced the addition of Elizabeth Dellio as an associate in its London, Ont., office.
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September 11, 2024
Property division and discretionary trusts: Half of nothing is still nothing
Courts in common law jurisdictions continue to grapple with how to deal with a spouse’s interest in a discretionary trust when there is a marital breakdown, and whether to include them in property division and, if included, how to value them in dividing family property.
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August 29, 2024
Willing gifts to an existing trust: Pour-over provisions
We tend to think of the beneficiaries of an estate under a will as being individuals or organizations: family members, friends and charities. These beneficiaries usually receive their gift outright or through a trust created under the will (i.e., a testamentary trust). However, for those who have created trusts during their lifetime or intend on doing so (i.e., an inter vivos trust), sometimes it is desirable to make a gift under your will to an existing trust.
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August 23, 2024
Alberta decision affirms presumptive enforceability of forum selection clauses
Commercial agreements often include forum selection clauses to ensure certainty and predictability regarding the appropriate venue for the resolution of disputes. While such clauses do not always guarantee that parties will initiate proceedings in the specified jurisdiction, Canadian courts in non-selected jurisdictions will ordinarily enforce them, provided there is no “strong cause” against their enforcement, particularly when the agreement involves sophisticated parties.
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August 22, 2024
The succession rights of unborn children: Under a will
As we discussed in the first article in this series, an unborn child has for many purposes been recognized and accorded varying degrees of protection by the law. This article continues the summary of the legal rights of an unborn child under wills, on intestacy, as dependants or other testamentary documents.