All About Estates

Month: August 2019

Total 12 Posts

A Stroke of Bad Luck

If a tree falls in the forest and no one is around to hear it, does it make a sound? Similarly, if someone has a silent stroke and there are not obvious physical symptoms, is it still considered a stroke.  YES it is and it can cause permanent brain damage….

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Draft Legislation Released for Changes to Registered Disability Savings Plans

In the 2019 federal budget, the government announced changes to the rules in the Income Tax Act (“ITA”) that govern registered disability savings plans, or RDSP’s (also referred to in this blog as a “plan”). On July 30, 2019, the Minister of Finance released the draft legislation and explanatory notes…

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Uncovering the Reasons Behind Planning Choices

This blog was written by Justin Ecclestone, Associate Estate and Trust Consultant with Scotia Wealth Management In this blog post I wanted to share an experience I had with a client. In my role, I meet with people from all walks of life. I’ve met with business owners, retired professionals,…

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Trusts and Trust Resettlements – Variations and Circumstances

Variation(s) of a trust agreement, after it is settled, does carry the risk of causing a resettlement of a trust or a disposition of a beneficiary’s interest in the trust, with serious tax consequences. But not all variations lead to resettlement, fortunately. Recently in an advance ruling, the Canada revenue…

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Ignorance is Bliss

Our friend recently told us that his sister had done a DNA genetic test with one of the companies that provides ancestry and  health information.  What she found out was not what she was expecting at all.  No, she does not have ‘royal’ roots but she does have twin half…

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R.E.S.P.E.C.T…..the handwriting analysis?

The Aretha Franklin estate saga has taken another interesting turn this week, with a Michigan Probate Court making an order for a handwriting analyst to review one of her holograph Wills. As Lara Besharat explained in her detailed blog post on May 23rd, Aretha died in August of 2018, leaving…

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Providing for Beneficiaries living with Addictions and Substance Abuse

This Blog was written by: Alicia Godin, Estate and Trust Consultant, Scotiatrust  I recently had the opportunity to participate in the estate planning process for two sets of clients facing similar challenges. Both clients are in their mid to late 60’s, and they each have two children. It was their…

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To Boldly Go Where No Estate Litigation Has Gone Before

Even if you have never seen an episode of Star Trek you are probably familiar with “Beam me up, Scotty”[1] or Mr. Spock’s ears. The judges of our Superior Court frequently mine the show for metaphors.[2] Gene Roddenberry is widely known as the mind behind Star Trek but less well…

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A TFSA loses its tax exempt status

The income tax treatment of a trust and its beneficiary where the trust lost its status as a tax-free savings account (TFSA) because it contravened the registration restriction on borrowing money was the subject of a recent Canada Revenue Agency(CRA) technical interpretation. The trust continued to exist for several years…

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Embryo Freezing Costs: Medical Expense Tax Credit Extended to Same Sex Couples.

The Income Tax Act (“ITA”) generally permits as an eligible medical expense of an individual, an amount paid to a medical practitioner, dentist, or nurse or a public or licensed private hospital for medical or dental services provided to a patient. Medical services are diagnostic, therapeutic or rehabilitative services that…

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