All About Estates

Month: November 2016

Total 19 Posts

Credibility is in the Eyes of the Judge

I previously blogged about the presumption of resulting trust, which applies to gratuitous transfers between a parent and an adult child (equity presumes a bargain, and not a gift).   Rebutting the presumption of resulting trust (i.e. proving that the parent intended to make a gift to the adult child) often comes down…

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Principal Residence Exemption and Trusts

In October, fellow blog-poster Corina Weigl wrote regarding the impact on individuals of recent changes to the rules surrounding the principal residence exemption. In addition to the changes impacting individuals, significant changes are proposed that will restrict the ability of trusts to claim the principal residence exemption residence for tax…

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Postponed Power of Attorney for Property and Unforeseen Consequences

Under the Ontario Substitute Decisions Act[i] (SDA), power of attorney (POA) for property appointments are made through a continuing or postponed POA for property. The continuing POA for property is one that takes effect immediately regardless of the grantor’s capacity to manage property and continues, if needed, through the development…

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Do you know any Jay Walkers?

Have you seen seniors trying to cross a busy street where there are no traffic lights? Many think they can walk faster than the speeding car headed their way. Not so….. Becoming allies in promoting safety for seniors can encompass a broad range of topics from elder abuse to fraud…

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TFSA’s – a refresher on the Rules

Borrowing heavily from some recent literature on this subject, I though it may be useful at this time of the year to quickly revisit some of the rules surrounding tax free savings accounts (“TFSA”) Contribution room for an individual’s TFSA is the total of the TFSA dollar amount for the…

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