All About Estates

Month: June 2014

Total 19 Posts

Testamentary Custody

I was recently asked how parents can ensure that the guardian of their choice takes custody of their minor child or children in the event that both parents die simultaneously. In Ontario, parents (or any other person with custody of the child) can nominate someone to assume custody of their…

Continue Reading

Designation of a Taxable Capital Gain for a Trust Beneficiary

The Canada Revenue Agency (CRA) was asked to consider a situation where a testamentary trust (the trust) disposed of qualified small business corporation shares (QSBCS) in 2013 during its taxation year ending on January 31, 2014. The trust allocated the taxable capital gain to its beneficiary. The CRA was asked…

Continue Reading

Reaffirmation of Testamentary Freedom in Ontario

A recent decision of the Ontario Court of Appeal, Verch Estate v. Weckwerth, reaffirms the autonomy of Ontario testators to distribute their estates as they wish provided that their statutory obligations are fulfilled. In this case, which was brought to my attention by a post on Lynne Butler’s Estate Law…

Continue Reading

An Innovative New Community for Individuals Living With Dementia

I had the pleasure of touring a new facility that ‘gets it’. One Kenton is a state of the art residence designed exclusively for those with dementia. Demographics indicate that one in three persons over age 85 will develop a dementia. There is a shortage of appropriate residences that cater…

Continue Reading

Death of the Cemetery Business?

The cemetery business is changing vastly in Canada. In his Globe and Mail article on May 29, 2014 “The battle for your bones: Death goes corporate in Canada”, Charles Wilkins discusses the business of burial including the shortage of land in urban areas and the burden of perpetuity in the…

Continue Reading

Principles behind capacity assessment

The capacity to execute a Will, Power of Attorney (POA), manage Property or Personal Care or marry are cognitive tasks determined by an admixture of legal, statutory and clinical guidelines and factors. Hence, the need for a truly collaborative approach to their assessment and legal determination. In the case of testamentary…

Continue Reading

DUTY TO CORRECT EXAMINATIONS

As we know, estate litigation can sometimes drag on for many years with the parties conducting multiple examinations for discovery. Over the course of time it can be easy to forget our obligations under Rule 31.09 of the Rules of Civil Procedure. According to the Rule, after an examination for…

Continue Reading

You’ve Got…No Spam Anymore! Canada’s Anti-Spam Legislation

What is Canada’s Anti-Spam Legislation? You’ve probably been receiving a lot of emails lately asking for your consent to receive further electronic messages. These emails arise from new Canadian legislation with the not-so-memorable full title, “An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain…

Continue Reading

DIRECTOR/EXECUTOR LIABILITY under the Income Tax Act

The deceased was the sole owner and director of a corporation. In your due diligence, you have discovered the corporation has not filed corporate tax returns for one or more fiscal year ends prior to the date of death. To date, you have been unable to determine whether there are…

Continue Reading

Foreign Charitable Organizations

In previous blogs, I have written about the definition of “qualified donee” in the Income Tax Act (Canada). This definition is important for two reasons. First, in order for a gift made by an individual to qualify for charitable tax credits, the recipient must be a qualified donee. Second, under…

Continue Reading