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PLZ Law Blog
Category Archives: Estate Planning & Administration
ESTATE LITIGATION: Challenging a will with the court’s assistance
Date: January 24, 2011 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Orders for Assistance Other kinds of orders are necessary in estate matters in specified circumstances, Rules of Civil Procedure (Rules), r. 74.15, which can be obtained from the court. For instance, an order for assistance is obtained on a motion made without notice, supported by affidavit evidence, Rules, r. 74.15(2). With certain exceptions, an order ...
ESTATE LITIGATION: Challenging a will and strategies for all those concerned
Date: January 24, 2011 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Submission of Rights to the Court After submitting his or her rights to the court, Rules of Civil Procedure (Rules), r. 75.07.1, a person can either: Request on a motion for directions respecting the conduct of the Application for a Certificate of Appointment; or File a statement of submission of rights to the court in ...
ESTATE LITIGATION: Challenging the validity of a Will after probate
Date: January 24, 2011 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Order for Return of Certificate (Probate already obtained) When a Certificate of Appointment of Estate Trustee (Certificate) has already been issued, the proceedings to challenge a will are not commenced by filing a notice of objection. In that event, the party wishing to challenge the validity of a will has to obtain an order directing ...
ESTATE ADMINISTRATION: Advising the Surviving Spouse
Date: November 17, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
The precise nature of the executor/trustee/personal representative’s obligation to advise the surviving spouse is not clear. If the estate trustee is responsible only to the estate and its beneficiaries, he or she should not be required to tell the surviving spouse of the potential rights he or she may have under the Family Law Act (“FLA”). However, ...
ESTATES & NFP: Income Tax and Family Law considerations at death
Date: November 3, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Income Taxes at Death Claims arising on the death of a spouse are not many, nor is there much jurisprudence dealing therewith. But claims arising on marriage breakdown are not uncommon and a frequently litigated issue is whether, for the purpose of computing a spouse’s Net Family Property (NFP), property owned by him or her ...
ESTATES & EQUALIZATION: How the Courts can enforce your Family Law rights
Date: November 3, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Court Orders The court has extensive powers to enforce the equalization order, Family Law Act (FLA) section 9. It can order: Money to be paid; Security to be given; Payment to be deferred for, or made in instalments over a period of up to 10 years; Transfer of property in specie; or Partition and sale ...
ESTATES & EXECUTORS: How the Family Law Act impacts the administration of an estate
Date: October 6, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Restrictions on Distribution of Estate After the death of a spouse, no distributions can be made out of the estate during the six month period immediately following the deceased spouse’s death without: 1) Written consent of the surviving spouse; or 2) Authorization of the court, the Family Law Act (“FLA“), section 6(1). If the personal ...
ESTATES & INTESTACY: Spousal statutory rights when there is no Will
Date: September 23, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
Continuing the discussion of the effects of a Family Law election on various aspects of estate administration; its effect on intestacy is now reviewed. Effect on Intestacy In an intestacy (where a spouse dies without a will), either partial or total, the election in favour of an equalization claim (FLA, subsection 6(9)) will result in ...
ESTATES & EQUALIZATION: Spouses electing their Family Law rights and the consequences thereof
Date: September 23, 2010 | Author: Jeff Levy, HBSc, MBA, CFA, AMP, JD
It cannot be stressed enough how important it is for the surviving spouse to establish his or her entitlement to insurance proceeds and to survivorship benefits under pension and similar plans arising on the death of the deceased spouse. With this in view, the surviving spouse, who makes his or her decision on the basis ...
