All About Estates

Malcolm Burrows

Total 49 Posts Website
Malcolm is a philanthropic advisor with 25+ years of experience. He is head, philanthropic advisory services at Scotia Wealth Management and founder of Aqueduct Foundation. malcolm.burrows@scotiawealth.com

Returning a gift after 36 years

What’s a charity to do when a donor asks for a gift to be returned?  As my fellow blogger Derek de Gannes recently reported, CRA provided a technical interpretation in response to a charity inquiry relating to life insurance policy donated in 1981. The gift was intended for a discontinued…

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A Statue in the Wrong Square

Regular readers of the All About Estates blog may recall that each spring I write on legacy and how we honour the dead.  This usually involves a trip to a cemetery.  My cemetery visit this year was thwarted by a seagull attack – see my Hitchcockian video – so instead…

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Donation Tax Credit Mismatch

It is a truism that Canadians who donate enough to charity at death can eliminate tax. This outcome is due to the 100% contribution limit for gifts by will and direct designation gift of registered funds and life insurance.  Since 2015, however, Ontario, Quebec, New Brunswick and Yukon have increased…

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Endowments and Perpetuity

“Is perpetuity 21 years?” asked a charity colleague.  “No, it’s forever, until the end of time, or as long as we collectively exist,” I answered.  Despite my pedantic response, the question is a good one because it underscores the inherent meaninglessness of the phrase “in perpetuity” in relation to charitable…

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Does Donor Recognition Create Obligations?

Is a donor obliged to provide ongoing support to a charity after a building or facility is named in their honour?  The legal answer is “no”.  Naming, however, may stir up complex feelings of ownership and hope, which often lead to misunderstandings — even after the donor is dead. Ownership…

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Approving Donor Recognition

Charities like to name things after donors.  Simply, big gifts mean more prominent “naming opportunities”.  Ontario’s Minister of Health recently issued a directive to hospitals stipulating that they can’t rename existing hospitals in recognition of donations.  Is “naming” a risk for major donors?  What are the estate planning implications? Ontario’s…

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Estate Donations = Faster Distributions

Matt Johnston, my tax colleague at Scotiatrust, says the 12-month tax filing deadline is upon us. The initial round of major distributions to charities will occur in January 2017 under the “estate donation” rules introduced in 2016. As mentioned in my previous blog, executors and their advisors are discovering that…

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The Estate Donation Loop

It is one year after the new estate donation rules were introduced and the practical implementations are beginning to emerge. With the post-2016 rules, a twist arises when the residue of the estate is split between charity and individual beneficiaries. This scenario creates a gift that keeps giving. A gift…

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Time Matters in Philanthropy

SickKids Foundation’s year-end giving campaign has generated a lot of attention for its gripping “Vs” spots. Skillfully edited, the ad borrows fight, hip-hop and adventure movie imagery to dramatize the plight of the hospital’s young patients.  This campaign is highly effective and a great example of visceral, urgent annual fundraising. …

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Estate Donations & Non-Qualifying Securities

Since the announcement of the “estate donation” rules in the 2014 Federal Budget, there have been a number of amendments that have addressed sector concerns and drafting errors.   One unintended consequence in the original estate donation provisions relates to gifts of private company shares. At the June 2015 STEP conference…

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