Lawyers generally have a good working knowledge on how and when to attack a will based on testamentary undue influence. Less known is how and when to attack a will based on testamentary fraud, a sister doctrine. The following sets out the basic law on point: Testamentary undue influence is typically thought of in terms […]
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Joan Brown had one daughter. The daughter led a troubled life. She had a drug problem. She was prone to depression. She developed health problems. She was unable to work and became dependent on the Ontario Government for income support. It was a happy day when her daughter had children of her own – three […]
David Smith is proud of his son, Bob. His son is a banker, and a successful one. So successful that he ended up living in London, England with a job at an international bank. That creates an estate planning problem for David. Getting on in years, David is making a will. His son will get […]
Hugh MacDonald immigrated to Canada from England some fifty years ago. His English relatives keep dying off. None of them had children, and he has inherited a substantial amount of money in the UK. He has left it there. It is invested with UK investment firms. He has also acquired wealth of his own here […]
EXCERPT FROM TAXATION OF TRUSTS: CHARITABLE GIFTS BY ESTATES AND TRUSTS __________________________________________________________________ Reprinted from Chapter 3 “Taxation of Trusts”, s. 3.4.1 “Summary”, p. 191, in Taxation of Trusts and Estates: A Practitioner’s Guide 2011, by Larry H. Frostiak, John Poyser and Grace Chow, by permission of Carswell, a division of Thomson Reuters Canada […]
David Smith signed a will when he was 75. He had two children, and the will gave his cottage to his daughter, who spent a lot of time there, and his house to his son to even things up. That seemed about right to David as the two properties had roughly the same value. His […]
