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How Long is « awhile »?: Kirst Estate (Re) and Holographic Wills
A recent decision of the Court of Queen’s Bench of Alberta, Kirst Estate (Re), provides a useful reminder of some of the issues that may arise through the use of holographic wills. William Kirst (the “Testator”) of Calgary, Alberta died...
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Wendi Crowe quoted in Law Times on estates freezes
Law Times, "Should estates freezes be put on ice?"
There’s a debate among tax and estates professionals about whether estates freezes efficiently transition a business or simply avoid tax. On Aug. 20, the prominent accountant Allan Lanthier — a retired Ernst & Young partner and former chair of the...
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Over-Involved Adult Children Run the Risk of Invalidating a Parent’s Will or Power of Attorney: The Case of Graham v Graham
For a will to be valid, not only is it important that formal statutory requirements be satisfied,[1] but the testator (being the person executing the will) must also have testamentary capacity to make the will. In addition, if the testator...
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Wills Variation: An Unjustified Infringement on Testamentary Autonomy?
In Lawen Estate v. Nova Scotia (Attorney General), 2019 NSSC 162 (“Lawen”), the Nova Scotia Supreme Court found that the Nova Scotia dependants’ relief legislation violated s. 7 of Canada’s Charter of Rights and Freedoms (the “Charter”). Dependants’ relief, or...
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Estate Freezes Belong in the Tax Planning Garden
The Financial Post recently published an article claiming that “[r]ich Canadians are getting out of paying taxes with ‘estate freezes’” and calling for the elimination of this “garden-variety” tax planning. Whether or not one agrees that wealthy Canadians should pay...
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Severing a Joint Tenancy by Will; Marley v. Salga, 2019 ONSC 3527
In an unusual decision of the Ontario Superior Court of Justice (Marley v. Salga, 2019 ONSC 3527, released June 6, 2019), Mr. Justice Reid may have opened a Pandora’s Box with respect to the sanctity of the holding of property...
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Death During a Divorce
What happens when someone dies after they have separated and before they have divorced or settled the matrimonial property issues? Does the death of one of the parties end the divorce proceedings? How is the property divided? What can a...
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Daniel Estate (Re): A « ‘Good News’ Story »
One’s choice of estate trustee, attorney for property and attorney for personal care is an important one. An estate trustee faces the responsibility of administering your estate in accordance with your Will(s) following your passing, thus being the one carrying...
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Many Canadians Collect Loyalty Points, but What Happens to Those Loyalty Points After We Pass Away?
In most cases, loyalty points will not be subject to the deemed disposition on death found in subsection 70(5) of the Income Tax Act (Canada) because they are unlikely to be capital property. There is no “enduring benefit” gained from...
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BCBCA Beneficial Ownership Register
In 2017, Canadian finance ministers entered into an Agreement to Strengthen Beneficial Ownership Transparency. The finance ministers agreed to introduce certain safeguards to prevent corporations and other legal entities from being used for tax evasion and other criminal purposes, including...
