All About Estates

Month: September 2016

Total 21 Posts

How are RESPs Dealt with in Equalizing Net Family Property?

I was recently asked how RESPs effect the calculation of a spouse’s net family property (“NFP”) for purposes of Ontario’s Family Law Act. Because a RESP is considered the property of the subscriber, and not a trust, it generally forms part of the subscriber’s estate on his or her death….

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Family Conversations and Broken Telephone

Communication is often the key to a successful relationship. This holds true for discussions held between parents and their adult children but when it comes to ‘having the talk’ about aging and caring, there seems to be a broken telephone…..

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Vulnerability to Undue Influence

On September 28 I will be joining Charles Ticker, Charles Wagner, and David Smith in a panel discussion on ‘Dealing with Undue Influence Issues’ as part of the 2016 Practical Guide for Legal Professionals – ‘Advising the Elderly Client’ conference hosted by Osgoode Hall Law School in Toronto. I will…

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Estate beneficiary of an inter-vivos trust

The Canada Revenue Agency (CRA) was asked if an estate that received property from an inter-vivos trust that is a life insurance policyholder would be a graduated rate estate (GRE) if the estate received property as beneficiary?

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Life Insurance Gifts Restructured

Life insurance is an effective way to make a significant future donation, but the unfortunate reality is that charitable policies have a high lapse rate.  Thousands of policies have been donated since 1979 when the Canada Revenue Agency allowed premiums to be receipted.  Sadly too few pay out to fund…

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MULTIPLE WILLS: PART 1

The use of multiple wills for probate planning purposes has been part of the estate planning toolbox in Ontario for many years. The basic concept is straightforward. A separate will is prepared that governs those assets of the deceased for which the executors should not, based on current law and…

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Demystifying the ‘D’ word……

The majority of all dementia is of the Alzheimers type and it affects more woman than men. The ‘D’ word is the new ‘C’ word (cancer, shhhhh) and demystifying the ‘D’ word is what awareness is all about.

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Is a gift in a will to a fake name valid?

In a recent episode of the Starz TV show The Girlfriend Experience, an unusual estate administration issue arose (mild spoilers ahead). The show tells the story of Christine Reade (Riley Keough), a law student and intern who secretly moonlights as a high end escort in Chicago (a thinly disguised Toronto serves…

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Post Mortem Pipeline Planning – Business Continuity

Recently, a fellow blogger wrote about the benefit of post-mortem pipeline transactions to avoid double tax on disposition of certain assets. Briefly, a pipeline transaction is a form of transaction whereby the assets of a corporation are distributed to shareholders utilizing the high adjusted cost base resulting from the capital…

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Where do you look for an original Will and what do you do if you cannot find it??

A couple of years ago a survey revealed that only 18% of first time executors were aware of the first step in the administration of an Estate – locate the Will

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