Archive for the ‘Estate Planning’ Category

Rebutting the Presumption of Resulting Trust

Tuesday, August 4th, 2015

We have all been guilty of saying one thing then doing something else. We say X then do Y, and are often called upon to explain the contradiction. But what are we to do when a deceased’s will demonstrates one intention but their subsequent actions suggest the opposite? Stella Swiderski had ...

Estate Administration from a Charity Perspective

Friday, July 31st, 2015

Not nearly enough thought or ink is dedicated to the process of estate administration by charities. They are grateful recipients of gifts by will, but they are also legal beneficiaries with administrative and fiduciary responsibilities of their own. Many charities receive a steady flow of bequests and deal ...

DISPOSITION OF JOINT ACCOUNTS: THE LEGAL DOG WAGS THE TAX TAIL?

Wednesday, July 29th, 2015

In past blogs, my fellow contributors have written extensively about the legal and tax implications of joint accounts created primarily to avoid probate fees, but often leading to unintended consequences without the appropriate planning. Recently the Canada Revenue Agency (“CRA”) was asked to comment on the tax implications of the disposition ...