All About Estates

Month: December 2015

Total 20 Posts

Looking back, looking forward

At year end, we typically engage in a retrospective examination, looking back on events and trying to make sense of them.  Simultaneously, there is a human instinct to make predictions as well as resolutions, both of which are notoriously unreliable.  The notion of predicting the future is one that is…

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Family Caregiver Holiday Jingle

T’was the fight before Christmas, when all families know,
It’s better to forgive than tell them to F. O.,
Mom probably liked you better, if memory serves,
So while I am a P.O.A., she will get what she deserves.

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No Second Chance to Replace Estate Trustee

Has the Court of Appeal written the final chapter in the long-running dispute between Erna and Hilda (two sisters who have been in litigation against each other since 2003)? I previously blogged about the Divisional Court’s ruling on an appeal of a contested passing of accounts regarding Erna’s role as attorney and…

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Seasons Greetings & Shortbread

In my last entry I promised to follow up a discussion on the “30 day survivorship clause” with a talk about the statutory survivorship rules. Inspired by both today’s date and a lovely seasonal ecard I received last week, I decided this less-than-festive topic could wait till the New Year. December…

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Family Holiday and Family Strife – Kissing Cousins?

Justin de Vries shares his Yuletide musings on family conflict and the inevitability of litigation.

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CAN AN EDUCATIONAL ASSISTANCE PAYMENT BE MADE TO A DECEASED PERSON USING THE SIX MONTH Extension PROVISION CONTAINED IN THE INCOME TAX ACT

Recently, The Canada Revenue Agency (“CRA”) was whether the six month extension for making educational assistance payments (“EAPs”) out of a registered education savings plan (“RESP”) under the appropriate subsection of the Income Tax Act (the “Act”) can apply when the beneficiary under the plan is deceased. The Act stipulates…

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OHH, IT’S BEGINNING TO LOOK A LOT LIKE…YEAR END

As this is my last blog for the 2015 year, I thought I’d take the opportunity to remind readers who are trustees of a discretionary family trust set up for the benefit of their family (or other persons) (referred to as “a trust”) that it is important they consider and document decisions to distribute income (including realized taxable capital gains) out to a beneficiary prior to December 31st.

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Thank you to our caregivers

Showing care and concern, offering a kind word, a smile or hug, are the gifts that can make the difference. These gestures are the true gifts and are ours to give and they don’t cost any money

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A fond farewell

For the past four years I have been a regular contributor to the All About Estates blog. Although I have thoroughly enjoyed being part of this collaborative process, this will be my last blog post entry. I have enjoyed working as part of the All About Estate teams and sharing…

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Chan and Zuckerberg’s Post-Charity Initiative

Pretty much anything related to Facebook founder Mark Zuckerberg and his wife Priscilla Chan garners headlines. The announcement that they would be giving away 99 percent of their fortune – currently worth $45 billion in Facebook shares – prompted visions of a massive private foundation in the manner of Bill…

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