All About Estates

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Total 48 Posts

The Prescribed Rate is About to Change – for Real this Time?

The prescribed rate is the minimum interest rate prescribed by the Canada Revenue Agency (“CRA”) that should be charged on various non-arm’s loans such as those made by you to your spouse or child (through a family trust). Such loans are a common device to split income with others in…

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The Society of Trust & Estate Practitioners (STEP) Annual Conference

Earlier this week I attended the 19th annual National Conference of the Society of Trust & Estate Practitioners (“STEP”). I must congratulate Michael Dodick, Janis Armstrong and their whole team for putting on another very successful conference. The success of the conference is easily measurable, there were 720 attendees, making…

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The New Parentage Rules in the Children’s Law Reform Act

Continuing my discussion of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016, S.O. 2016, c. 23, in this blog I will look at the new rules for determining the relationship of parent and child in Part I of the Children’s Law Reform Act (“CLRA”),…

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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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What Will Your Will Say?

A last will and testament can often provide insight into a person’s final fortunes, thoughts, and wishes, right down to who should receive his or her hair strands.  For today’s blog, I decided to research fascinating (and sometimes questionable) provisions in last wills and testaments.  I share with you some…

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JOINT TENANCY AND PROBATE AVOIDANCE – A QUICK REVISIT

When developing estate plans for clients with property of a capital nature (real estate, marketable securities being a couple of examples), one of the questions I get asked more often than not is: How can I avoid probate? Can I just put someone else’s name on a document so it…

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Elder Orphans

You may already be familiar with the terms. It refers to older individuals who do not have any family to provide care for them. They have either outlived their family or are estranged from them. With our aging demographics we are working with many single women who do not have…

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Caution Required: Gift by a Graduated Rate Estate of a Capital Interest in a Residual Trust

The CRA was recently asked to consider whether subsection 118.1(5.1) of the Income Tax Act would apply to a gift made to a qualified donee of a capital interest in a testamentary charitable residual trust. Subsection 118.1(5.1), if applicable to charitable gift, allows the tax credit in respect of the…

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Knowledge: The Inheritors’ Perspective

RBC recently released their Wealth Transfer Report 2017. Some of results confirm what we have read for years about the percentage of people who have proper Wealth Transfer Plans in place. What caught my eye, were the survey results about the inheritor experience and educating the next generation. By way…

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Multiple Wills – the West Coast version

This Blog was written by: Natalie Rouse Most of us are familiar with the 1998 decision of Granovsky Estate v Ontario. The case has been the leading authority to permit planning with multiple Wills in Ontario. The use of multiple Wills is now an integral part of the estate planning…

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