All About Estates

Malcolm Burrows

Total 57 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

Protecting Charitable Interests

Are charities in a will easier to challenge when there are more than five entities named?   This topic came up at a recent lunch with estate planning and litigation colleagues.  One told a cautionary tale of a large estate that was litigated away from a dozen named charities.  The charities…

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The Endowment Effect

People value objects more when they own or possess them – or at least when they presume ownership.   In cognitive psychology this phenomenon is called the “endowment effect”.    It’s a concept that was seemingly invented to describe a lot of behaviour related to estates, philanthropy and foundations.   It’s time to…

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Discretionary Estate Donations

The following post is by guest blogger Sally Lee, LLB, an Estate and Trust Consultant at Scotia Wealth Management in Toronto. What happens when a testator, under her will, grants her executor unfettered discretion to gift a share of the residue of her estate to a charity or charities? The…

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The Art Collector and the Tax Deal

Douglas Duncan was a pioneering Canadian art dealer and ambitiously hapless businessman.   Known as the dealer and artistic executor of artist David B. Milne, he was legendary for his unopened mail, uncashed cheques and, yes, of course, failure to write a will.  Prior to his death in 1968, he expressed…

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Amendments to the ODSP Act Regulations

This blog was contributed by Elizabeth Bozek, B.Sc. (Hons), LL.B., Estate and Trust Consultant at Scotia Wealth Management in Toronto. _______________________________________________________________________________ Estate planning for beneficiaries who receive Ontario Disability Support Program (“ODSP”) has been a careful balancing act to ensure entitlement to the benefits is preserved. Some relief has finally been announced…

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How to Donate Art

I get a lot of inquiries from clients with art or collectibles that they want to donate – sometimes during life and sometimes as part of an estate plan.  These long-term collectors often believe a public gallery, museum or educational institution is the best “one stop” destination for their collection. …

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The National Gallery of Canada’s Purpose

At the recent opening of the new Indigenous and Canadian Art Galleries at the National Gallery of Canada (NGC), Director Marc Mayer made a fascinating throwaway comment. Due to the inclusion of historical objects and artifacts made by Canadian indigenous people NGC had to redraft its legal purposes.  In other…

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Exporting Canadian Art

  Like most countries, Canada has a cultural property regime designed to protect art and objects of cultural significance.  Inspired by UNESCO Convention (1970), cultural property must get clearance from the Canadian Cultural Property Export and Review Board (CCPERB) before it leaves the country.  Outdated elements of this important system…

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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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