There seems to be a good deal of confusion around about the proper distribution of Trust assets when a beneficiary of a Trust dies. If a Beneficiary dies, who receives his share of the Trust: his estate, his family, the other Trust beneficiaries?
My previous blog post dealt with the subject of substantial compliance provisions in effect in the legislation of a number of provinces, and soon to be introduced into British Columbia. In determining whether a document that does not meet the formal requirements of a Will can be admitted to probate, the key question is whether or not the document expresses the testamentary intentions of the deceased.
Most people make the bulk of their charitable contributions during the year-end holiday season. This post summarizes some of the charitable giving ideas and opportunities, as well as some planning reminders, that donors may want to consider.
In Ontario, wills must meet the formal requirements set out in sections 4 to 7 of the Succession Law Reform Act (the “SLRA”), or they are not valid. The SLRA prescribes a strict formula for the execution of a valid attested will.
Early last week, a proposed amendment to the Japanese Civil Code, that will equalize the inheritance rights of legitimate and illegitimate children, was approved by the Prime Minister’s Cabinet.
Listen to Hull on estates #357— Real property and joint tenancy Today on Hull on Estates, Paul Trudelle and Holly LeValliant discuss a decision of the Queen’s Bench of Saskatchewan, which dealt with the issue of whether a person who transfers real property into joint tenancy is entitled to change her mind.
In probate proceedings involving the issue of testamentary capacity, parties frequently present testimony at trial from an expert psychiatrist. It is often the case that that psychiatrist never saw or treated the testator, and develops his or her expert opinion solely by reviewing various documents, including the testator’s medical records.
In Canada, assets that we inherit are not normally subject to inheritance taxes. However, in the United Kingdom, individuals are required to pay such taxes, which may become a barrier to distributing assets pursuant to the deceased’s wishes.
In Stevens v. Fisher Estate, 2013 ONSC 2282, 227 ACWS (3d) 905, the Deceased’s common law spouse brought an application for dependant support under Part V of the Succession Law Reform Act.