Archive for the ‘Executors’ Category

Failure to withhold

Wednesday, February 25th, 2015

The Canada Revenue Agency recently commented on whether an employer is liable for the amounts that should have been withheld, and, where the employer is a corporation, if the directors are also liable. The CRA comments are relevant to a trust where the trust is an employer. Other commentators in ...

What Happens to the Residue of a Trust when a Gift Over Fails?

Tuesday, February 17th, 2015

In a recent Ontario case, the Applicant, a beneficiary of a testamentary trust, sought an order declaring that the gift over of the trust was voided for uncertainty.  He also sought an order that the entire trust be paid out to him immediately.  The estate trustee took the position that ...

The Substantial Presence Test

Friday, February 13th, 2015

In the administration of an estate, you may need to determine if the deceased who was a frequent traveller to the U.S. was in fact a U.S. resident, therefore required to make US income tax filings. An individual is considered to be a U.S. resident for any calendar year in which ...