February 2020

Some Things Are Not Forever!

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Today’s blog was written by guest blogger, Giancarlo Mignardi, Articling Student at Fasken LLP. The rule against remoteness of vesting, more frequently referred to as the rule against perpetuities, is often viewed as one of the most notoriously difficult legal rules to apply. Its application presents such a challenge that, in a 1961 case before the Supreme Court of California, it was ruled that it was not negligent for a….

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Uncategorized

A Taxing Decision for Estate Planners

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This Blog was written by Mélina Konzak, Estate and Trust Consultant, Scotiatrust  Like most new case law delivered right before the holiday season, the decision rendered by the Superior Court judgment of The Estate of Caron v. Malenfant appeared at first to be swept under the rug. However being the controversial decision it has revealed itself to be, once published in Québec’s leading law journal (l’Express SOQUIJ) in early February, the….

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Contested wills, Estate Planning, In the News, Uncategorized, Wills

Dueling Love Letters from the Grave

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“The Naming of Cats is a difficult matter, It isn’t just one of your holiday games; You may think at first I’m as mad as a hatter When I tell you, a cat must have THREE DIFFERENT NAMES.” T.S. Eliot died in 1965. However, the great American/English poet has been in the news of late not because of the movie Cats, which generally garnered poor reviews and some derision (the….

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In the News

TOSI and the estate planning – pension splitting

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The pension splitting exception will allow a spouse who is 65 years of age to split income with his or her spouse or common law partner if the split income would be an excluded amount of the spouse who is 65 years old. These deeming provisions provide an opportunity to split income with spouses if certain conditions are met. The following example shows how the pension splitting exception would apply:….

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Canada Revenue Agency, Estate Planning, Tax Issues

“Birds Do It, Bees Do It, Even Educated Fleas Do It, Let’s Fall In Love (Cole Porter)

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With Valentine’s day behind us, romance and sex continue to be alive and well. The baby boomers are getting older and while 60 has become the new 40, and 75 the new 60, healthy sex continues to be a favorite topic. However it may still be a subject that is often ‘under the covers’ and not comfortably discussed. Adult children don’t typically want to hear about the parent’s sexuality and….

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Elder Care

What is it you guys do anyway?

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Today’s blog is being brought to you by guest blogger, Betty Laidlaw, a law clerk in the Private Client Services group of Fasken LLP. When someone asks me what I do for a living and I answer, “I’m a law clerk”, I often get blank stares.  When I say “paralegal”, that is somewhat more understandable, but it is not accurate.  Even people in the legal profession don’t always know exactly….

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Estate Administration, Estate Administration and Probate Applications, Executors, Passing Of Trustees’ and Executors’ Accounts, Probate Tax, Wills
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