News & Analysis as of

Beneficiaries Canada

Rivkin Radler LLP

Foreign Individuals Holding U.S. Real Property, or Left Holding the Bag?

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There have been some interesting developments of late with respect to the ownership of real property in parts of the English-speaking world. For example, Canada has imposed a temporary ban on the purchase of such property by...more

McDermott Will & Emery

[Webinar] 2021 Trust & Estate Controversy Forum - September 23rd, 9:30 am - 1:30 pm PDT

Join us for an interactive webinar focusing on multifaceted issues impacting fiduciaries and beneficiaries in the administration of trusts and estates. We’ll highlight how to effectively manage controversies when they...more

Bennett Jones LLP

New Trust Reporting Rules

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Beginning in 2021, new reporting rules come into effect for most Canadian resident trusts. The rules are intended to improve the collection of beneficial ownership information with respect to trusts and to help the CRA assess...more

Bennett Jones LLP

Just Say No: Acceptance of a Secret Trust in Bergler v Odenthal

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In the June 2020 case of Bergler v. Odenthal, 2020 BCCA 175 [Bergler], the British Columbia Court of Appeal found that deathbed wishes created a "secret trust", which required the surviving common law spouse to hold the...more

Blake, Cassels & Graydon LLP

Alert: 2019 Ontario Budget – Electronic Communications and Beneficiary Designations

On April 11, 2019, the Ontario government tabled the 2019 Ontario Budget (2019 Budget). The 2019 Budget announced that the government is considering future changes to the Pension Benefits Act to permit pension plans to...more

Bennett Jones LLP

Discouraging Family Fights from the Grave

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If you are a beneficiary in a will that contains a no-contest clause, and you don't like what the will directs, be careful before you question its validity. You just might lose everything....more

Blake, Cassels & Graydon LLP

Ontario’s Bill 57: Proposed Changes to the Ontario Pension Benefits Act

The Ontario government recently tabled its Economic Outlook and Fiscal Review (Review), which included a number of registered pension plan related provisions, and introduced Bill 57, Restoring Trust, Transparency and...more

Bennett Jones LLP

Staying the Course: Courts Will Not Hear Stayed Actions

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In Ayoungman v Ayoungman, 2017 ABCA 333, the Court of Appeal of Alberta considered a dismissed application of the appellant, who claimed that the chambers judge did not give him a fair chance to argue his position....more

Bennett Jones LLP

A Deceased Can't Always Will What They Want

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There is a common misconception that the testator is free to leave their estate to anyone they choose. While this is largely true, certain family members who were left out or feel they were inadequately provided for under a...more

Bennett Jones LLP

Children are Children, Right?

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An interesting Will interpretation question arose in Matras Estate, 2016 ABQB 728 regarding the meaning of the word “children”. It mattered because the testator's Will left her personal effects and the residue of her estate...more

Blake, Cassels & Graydon LLP

Deposit Insurance Review: Improving the Current Framework

On September 16, 2016, Canada’s Department of Finance (Finance Canada) published for comment the Deposit Insurance Review (Consultation Paper). The Consultation Paper ensues from the Budget 2014 announcement of the launch of...more

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