IMPORTANT STEPS AND THE COLLECTION OF PROBATE TAX
On January 1 2013 the amendments to the Ontario Estate Administration Tax (EAT and commonly known as Probate Tax) announced in the 2011 Ontario Budget became effective. There have been several audits since.
Key elements of these amendments that Estate Administrators / Executors need to be aware of are: Continue reading
ESTATE LITIGATION AND LIMITATION PERIODS
In Ontario, there is a general two-year limitation period in which a person can bring a claim in court on a civil matter. Whether or not this limitation period applies to estate matters can be dependent upon the situation at hand.
The two year limitation period is subject to a concept called ‘discoverability’. This means that the two year limitation period does not start to run until the time that a person knows, or reasonably could have known, that the cause of action occurred. Continue reading
WHAT IS ILA AND ITS ROLE IN REAL ESTATE DEALS?
There are situations where one or more people involved in a real estate transaction will be required to obtain independent legal advice prior to the deal closing. Continue reading
ESTATE ASSETS – WHAT YOU NEED TO KNOW AND WHEN
When beneficiaries of an estate come to see me, they often are not aware of the extent of the estate assets.
A Will does not usually have the details of the assets in it. There is a good reason for that. If you list the assets in the will, the will has to be changed when assets are acquired or disposed of. Continue reading
BASECAMP PROJECT MANAGEMENT BRILLIANCE
Basecamp is a web-based project management tool that was created in 2004 by 37 Signals.
Utilizing Basecamp in a legal setting offers many unique opportunities. The one that really excites us at Gilmore and Gilmore is the ability to create projects for each of our clients then invite them to participate. Now rather than having to go back and forth exchanging communications filling our inbox with updated versions of assorted documents, we are able to consolidate the work in one place. Continue reading
BANK OF CANADA – DORMANT ACCOUNTS
If a bank account is not used for a prescribed period of time, the dormant account is transferred to the Bank of Canada. If you want to determine whether or not there are dormant accounts in the name of the Deceased, you will need to contact the Bank of Canada so that they can inform you of the legal documentation they require to process your claim. Continue reading
FORMAL EXECUTION OF A WILL
There are specific requirements in Ontario, set out in legislation called the Succession Law Reform Act (SLRA), that govern how a Will is to be executed in order to make it valid. These requirements are quite rigid and a document that does not comply with them may very well be found to be invalid. Continue reading
ODSP AND INHERITANCE
How will an inheritance impact your income support from ODSP?
Any money, property or possessions that you receive can affect your eligibility for, or the amount of money you receive from, Ontario Disability Support Program. This includes anything you may inherit from someone who has passed on. Some inheritances will be exempt and will not have an effect on your ODSP eligibility or amount. Continue reading
SEPARATION AND THE IMPACT ON ESTATE PLANNING
It is important to review your estate planning upon separation from your spouse. Separation by itself will not have an effect on your Will or the distribution of your estate. Some of the things to consider and discuss with your lawyer are:
BEQUEATHING A FARM IN YOUR WILL
The transfer of farmland, by sale, gift or other form of transfer, is generally subject to HST unless it falls into one of the exemptions found in Schedule V of the Excise Tax Act. One such exception is found in section 167(2), which determines that:
