All About Estates

Category: Charitable Giving

Total 34 Posts

Gift of securities by executors of a will

The Canada Revenue Agency provided its views regarding the income tax implications of a gift made by executors of an estate of a deceased individual. The taxpayer died in 2016.  His Will named his three sons as equal beneficiaries and co-executors, with no designation of amounts to be given to…

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Once You Give You Can’t Take Back, Even Though You May Regret It

In the recent decision of Johnston v. Song [1], the Ontario Superior Court of Justice considered the consequences of a property’s transfer into joint ownership in advance of a breakdown of a common law relationship. Facts: Johnston and Song began living together in November 2005, when Song moved into a…

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Charity v. Benevolence

Last week I received two inquiries from caring colleagues hoping to help individuals in need.  One person had cancer and had lost his business, while the other was a sick child who perhaps could benefit from her own charitable foundation.  As heart-rending as these stories are, neither qualify as “charity”. …

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September is Alzheimer’s Awareness Month

September 21 was World Alzheimer’s Day. The Public Health Agency of Canada notes that more than 402,000 seniors (65 years and older) are living with dementia and this a number that will continue to grow. Dementia is the plague of the 21st century and we don’t yet have a cure….

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GIFTS – Some Additional Thougths

Recently, I wrote about the gifting of cash or assets during one’s lifetime as an alternative method of distributing your wealth (beyond what you need to live on comfortably) and possibly avoid taxes (probate, income etc.) at time of death. I suggested that your heirs could use the funds in…

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Estate Planning – Can You Just Give Some of it Away?

A recent article in the press reminded me of a trend in estate planning which appears to be taking more favor in recent times. It is not very complicated, can lead to considerable tax savings and other benefits while you are with the living. I am referring to the gifting…

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Gift returned receipt required

The Canada Revenue Agency was asked to speak to the implications of a gift return and their response included some commentary on the impact on the donor. The situation the CRA was asked to consider involved an individual taxpayer who, in 1981, gave a whole life insurance policy to a…

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You can’t wear two pairs of shoes at a time

This Blog was written by: Robert Boyd To anyone who may have a pang of guilt when approaching the counter at an airport duty free with a bottle under each arm, there was no need, you were indirectly contributing to global education and medical research. Chuck Feeney grew up in…

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CHARITABLE GIFTS AND GRADUATED RATE ESTATE DESIGNATIONS: CAN YOU GIFT BEFORE YOU DESIGNATE

Assume Mr. X died in early 2016. Mr. X’s estate appears to meet all of the requirements to be a graduated rate estate (“GRE”), except the 1st return has not been filed as yet to formally designate it a GRE. The estate made a charitable donation in early 2017; at…

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Must an estate pay for a charitable pledge by the deceased?

Canadians are charitable people. According to Statistics Canada, 82% of Canadians made a financial donation to a charitable or non-profit organization in 2013 (the latest year statistics are available). The amount given by donors increased from an annual average of $469 in 2004 to $531 in 2013. The most generous…

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