All About Estates

Corina Weigl

Total 57 Posts Website
Corina Weigl is a partner in the Trusts, Wills, Estates and Charities group of Fasken Martineau DuMoulin LLP, a leading international law firm with over 650 lawyers and 9 offices worldwide that offers comprehensive estate planning, estate administration, personal tax planning, charitable giving and estate litigation services. Email: cweigl@fasken.com

The Honour of Being Named a Trustee?

When you are appointed to act as a “trustee”, you are being asked to take on the control and management of property, but for the benefit of other persons, called the beneficiaries. The beneficiaries are usually family members of the person who established the trust.  The person who established the…

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Government Targets Tax Planning for Private Companies

July 18, 2017 was a relatively quiet day in my office. That is until I received a flurry of emails regarding a release by the Department of Finance.  In particular, the Department of Finance issued draft legislation which, if passed, will significantly change the nature of tax planning for Canadian…

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Ontario’s Non-Resident Speculation Tax

Recently the Government of Ontario followed the heels of the British Columbia Government by introducing a “non-resident speculation tax” (“NRST”). The NRST will apply to the purchase or acquisition of an interest in residential property located in the Greater Golden Horseshoe (the “GGH”) by individuals who are not Canadian citizens…

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Making Effective Distributions of Estate Taxable Income Tax

Dealing with the taxation of income earned by an estate can be complex. It has become even more complex since January 1, 2016.  It was on this date that all estates, other than those that qualify as a “graduated rate estate” (GRE), were no longer able to benefit from graduated…

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Estate Lawyers: Did our Invitation Get Lost in the Mail?!

Today’s blog was written by Jenna Ward, Articling Student, Fasken Martineau DuMoulin LLP. When clients plan engagement parties, weddings, baby showers or divorce parties (yes, divorce parties are becoming increasingly common) they may not think to invite their estate lawyer. Understandable. However, the unfortunate result may be that such life…

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Digital Estate Planning – Part 1: Digital Assets: to Preserve or Destroy

Today’s blog was written by Jenna Ward, Articling Student, Fasken Martineau DuMoulin. Last year, we wrote about the steps that owners of digital assets should take to preserve assets and ensure a smooth transition of such assets to executors and beneficiaries. Here are some more thoughts on the topic of…

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Will Challenges and the Well – Acquainted Lawyer

Today’s blog was written by Jenna Ward, Articling Student, Fasken Martineau DuMoulin. A recent case of the Court of Appeal for Saskatchewan has emphasized the significance of first, the relationship between a testator and his or her lawyer and second, the experience and tenure of such lawyer in assessing testamentary…

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TO ADVERTISE, OR NOT TO ADVERTISE – THAT IS THE BLOG FOR TODAY

When an individual dies with debts, it is the obligation of the executor to determine the extent and veracity of those debts and to take steps to satisfy them. If an executor distributes the assets of the estate without taking appropriate steps to address outstanding debts, s/he may be personally liable to satisfy them.

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Tax Deferral Opportunity for CCPC Business Sales is Closing Soon

The March 22, 2016 federal budget included a measure to merge the eligible capital property (“ECP”) tax regime under the Income Tax Act (“ITA”) with the ITA’s depreciable property rules. Eligible capital property includes goodwill and certain other intangibles that were not previously included as depreciable property. For the most part these changes are benign, including that the overall tax amortization/depreciation rate is similar, and these changes represent a degree of tax simplification. The budget measure applies after 2016.

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SALE OF YOUR PRINCIPAL RESIDENCE BY INDIVIDUALS BUT NOT TRUSTS

The principal residence exemption allows a Canadian taxpayer to shelter the capital gains realized on the sale (or other disposition) of a property that meets the definition of a “principal residence” in the Income Tax Act (Canada). Over the years the rules related to claiming the exemption have been tightened up. For example, up until 1982 where two spouses owned different principal residences, each could claim the exemption over their respective property. This was changed in 1982, such that each family unit can only have one principal residence for a given time period.

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