All About Estates

Tag: Trusts

Total 38 Posts

The Principal Residence Exemption and Qualified Disability Trusts

I previously blogged about changes that could be made to the current qualified disability trust (“QDT”) rules to make them more flexible. In that blog I briefly referred to changes to the principal residence exemption that limit the types of personal trusts that can use the exemption, one of which…

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Henson Trusts Revisited

In January, the British Columbia Court of Appeal released its decision in S.A. v. Metro Vancouver Housing Corporation (“S.A.”), 2017 BCCA 2, dismissing the appeal of S.A., who was the original Petitioner. In its reasons, the B.C. Court of Appeal includes a discussion of trusts commonly referred to as “Henson…

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Estate and Trusts with Foreign Properties and/or Transactions: Update on Reporting Implications

Sometime ago, I wrote that the Income Tax Act requires persons and partnerships to file information returns in respect of foreign property ownership (specified foreign property in excess $100,000) and transactions with non-residents . This extends to trusts and estates. Those who file such a return late or do not…

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Contributor/settlor Taxable Income and T3 Reporting Requirements

As most trust and tax practitioners know, The Income Tax Act (“ITA”) will attribute trust income, losses, capital gains and capital losses to the contributor / settlor if certain conditions are met. The 2016 T3 Guide states the following: Certain related amounts, including taxable capital gains and allowable capital losses…

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Control in the Valuation of Business Interests for Estate Planning

From time to time, I am asked to prepare, review or comment on structures for estate planning purposes with a mind to valuation issues. A common valuation issue is control and whether or not the value of the business interest(s) in the estate plan should be discounted for lack of…

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Will Planning for Beneficiaries

In what might be one of the last pipeline transactions my office will advise on (depending on the outcome of the Government of Canada tax proposals), I ran into an unfortunate situation which served to highlight a fundamental aspect of estate planning: Planning for your beneficiaries. Recently, I reached out…

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Alter Ego Trusts, The Deemed Disposition, and Spousal Rollovers

As a result of changes to the law over the last several years, such as increased reporting requirements during the probate process, the loss of graduate rate taxation for most testamentary trusts, and restrictions on the ability of most trusts to use the principal residence exemption, alter ego trusts may…

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Locking-in Your Family’s Inheritance – a Matter of “Trust”?

Today’s guest blogger is Wendy Templeton. Wendy is a member of the Wills, Estates and Wealth Management Group at LLF Lawyers in Peterborough, Ontario.  She is a well-known author and lecturer with a background in taxation of trusts and estates, business succession, and wills, trusts and estates.  She has a…

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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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The Honour of Being Named a Trustee?

When you are appointed to act as a “trustee”, you are being asked to take on the control and management of property, but for the benefit of other persons, called the beneficiaries. The beneficiaries are usually family members of the person who established the trust.  The person who established the…

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