PRACTICE AREA: Estates & Trusts

Miller Thomson on Estate Planning, release 2018-1, discusses issues related to tax dispute resolution.

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Applicant, who still lived in luxury condominium she had shared with deceased, brought motion for interim support pending return of her application for adequate provision for her support from his estate pursuant to Succession Law Reform Act

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Rubner v. Bistricer (2018), 2018 CarswellOnt 4501, 2018 ONSC 1934 (Ont. S.C.J.)

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Daughter did not keep proper records as she was going along, but she supplemented her own records with records made independently by various financial institutions, and she gave detailed explanations to best of her ability

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Class v. Smith (2018), 2018 ONSC 623, 2018 CarswellOnt 5705 (Ont. S.C.J.)

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On balance of probabilities, deceased died intestate and without lawful heirs

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Quinn Estate (2018), 2018 BCSC 365, 2018 CarswellBC 543 (B.C. S.C.)

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Executor of deceased’s estate sought determination as to whether pour-over clause in his will for Canadian assets was invalid, and, if so, whether it was cured by s. 58 of Wills, Estates and Succession Act

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DBDC Spadina Ltd. v. Walton (2018), 2018 CarswellOnt 1571, 2018 ONCA 60 (Ont. C.A.)

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PGT brought application for order to rescind appointment of father as committee of his son

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Digest of the Week | Money in a Joint Account

After father died, C transferred $372,637.21 that was remaining in joint account into his own personal account

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One-third share of residue that should have gone to testator’s son was to be distributed amongst applicants, his surviving children, in equal shares

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