All About Estates

Category: Dependant Support

Total 11 Posts

Thank a Family Caregiver

Tomorrow April 4, 2017 is Ontario’s first annual Family Caregiver Day. Family caregivers support the very fabric of our society.  It is not only about caring for older adults as it includes anyone who is in need of assistance. The Oxford Dictionary defines ‘care’ as a “the provision of what…

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How This Budget Cares

Caring for our loved ones while satisfying and fulfilling can be expensive both emotionally and financially.  Understanding needs, costs and tax relief are all important to saving money. Today’s blog provides some caring highlights from the 2017 Federal Budget. Three current tax credits have been replaced with the proposed Canada…

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Limited Retainers, Lawyer Liability and Limitation Periods

The recent Court of Appeal (“ONCA”) decision of Meehan v. Good, 2017 ONCA 103 (“Meehan”), reminds lawyers that the duty of care owed to their clients is extensive, and may operate beyond a limited-scope retainer. In Meehan, the plaintiffs, Michael and Anne Meehan, brought a claim against their lawyer, John…

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TAX FREE ROLLOVER “WRINKLES”

Some recent technical interpretations from the Canada Revenue Agency (“CRA”) remind us that tax free rollover of retirement plans have to be carefully planned and executed to get the desired result. Here are a couple of cases in point: Rollover of a Registered Pension Plan (“RPP”) to an infirm dependent…

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RRIF rollovers and grandchildren.

Can RRIF proceeds paid after death to a testamentary trust, and used to purchase an annuity for the deceased’s grandson, qualify for a tax deferred rollover? The Canada Revenue Agency (“CRA”) was recently asked to rule on the following set of circumstances and facts. The grandson’s parents were incapable of caring for him and he…

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Registered Disability Savings Plan Rollover – Or Not

The CRA was asked if a deceased registered pension plan (“RPP”) member’s pension benefit could be transferred tax-free to the registered disability savings plan of the RPP member’s financially dependent infirm child .

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Caring for Caregivers- Survey Says……..

The government is consulting with Canadians on “providing more inclusive caregiving benefits for Canadians who provide care to a family member.” It is time to speak up or at least take the survey.

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Principal Residence – Duplex or Intergenerational House

The Canada Revenue Agency (CRA) was asked if a duplex occupied by a taxpayer and her aging parent could be treated as the daughter’s taxpayer “principal residence” for the purpose of claiming the principal residence exemption from the capital realized on the sale of the duplex at a later date.

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Divisional Court agrees life insurance policy part of estate

The Divisional Court recently released its decision in Dagg v. Cameron Estate (the trial decision was previously discussed on this blog here). In brief, the appellant Anastasia Cameron married the deceased, Stephen Cameron, in 2003. They had two children. Stephen took out a life insurance policy in 2010 and named…

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Support, Divorce, and Insolvency

Even when a dependant’s entitlement to and need for support is clear, there simply may not be enough money in the estate to provide assistance. For this reason, the Succession Law Reform Act (“SLRA”) allows certain assets passing outside of the estate (often to a designated beneficiary) to be clawed…

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