All About Estates

Month: August 2011

Total 22 Posts

Finance and Marriage

35% of Canadian marriages end in divorce before the 25th wedding anniversary. 43% of those divorced individuals re-marry and this leads to estate planning complexity

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Ontario Court of Appeal Considers When is a Gift Not a Gift

In McNamee v. McNamee, the Court of Appeal reviewed the essential ingredients of a legally valid gift. The issue on appeal was whether 500 common shares in the family business, which had been transferred to Mr. McNamee Jr. constituted a gift for the purposes of s. 4(2) of the Family Law Act.

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Grandfathered Agreements

My most recent blogs have explored the possible use of life insurance to completely eliminate the capital gain on death (assuming that sufficient insurance was in place) provided certain stop-loss rules do not apply. Not all was lost because, “grandfathered” agreements could prevent the application of the stop-loss rules.

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Is Both a Belt and Suspenders Really Needed?

Is a Capacity Assessment Required if there is an existing Power of Attorney?

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Rosa Parks’ Estate Tied Up in Litigation as Her Memorabilia Goes to Auction

Almost six years after her death, the estate of civil rights hero Rosa Parks is still being litigated. Court pleadings recently filed with the Michigan Supreme Court reveal details over the fight for control over her estate.

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Grandfathered insurance policies

When the stop-loss rules were enacted, they contained grandfathering provisions that provided relief on dispositions of shares pursuant to “grandfathered agreements” or related to “grandfathered insurance policies.”

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