On occasion, a testator may wish to keep the true beneficiary of a trust hidden from public scrutiny. Either a secret or half-secret trust may be created for this purpose.
Assume you have a case involving a $55 million trust created under “Grandfather’s” Will, that provides for a life-time trust for his son (“Father”), containing the following testamentary power of appointment (“POA”)…
In estates matters, geography can become a challenge.
I recently came across an article titled TFSA Designations May Cause Estate Planning Problems written by Amin Mawani and published by Advisor.ca. The article highlights some important estate planning considerations for TFSA account holders.
This week I’ve been reading Claire Tomalin’s Jane Austen: A Life. That’s risky for me to admit, as surveys show the female/male ratio of “Janeites” runs about 25:1. Mockery from readers may be unavoidable, and even deserved.
If you make your living in and around our probate courts you’ll find the FY 2013-14 Probate Court Statistical Reference Guide interesting reading.
There’s a new costs endorsement that features another common situation in relation to trustee accounts – what proportion (if any) should be paid out of the trust and how should costs be assessed between the trustee and the beneficiary who seeks information or makes an objection to accounts?
This week on Hull on Estates, Jonathon Kappy and Andrea Buncic discuss the recent decision of Moore v. Gatahun, 2015 ONCA 55, and counsels’ permissible communications with expert witnesses and disclosure obligations of prior draft expert reports.
Most Trusts allow Trustees to pay themselves “reasonable” fees for the work they do, but what is reasonable? That depends on the type of Trustee you have.
The use of multiple trustees has advantages and disadvantages. Trustees can supervise each other and prevent mistakes and fraud depriving those interested in the Estate of their due.