All About Estates

Month: May 2021

Total 19 Posts


Negar Pishva, Conseillere en Successions & fiducies, Gestion de patrimoine Scotia  Nous parlons tous à nos clients de l’importance de la planification successorale et de la planification dans l’éventualité d’une incapacité à gérer leurs avoirs. Nous parlons de long en large du maintien de niveau de vie du conjoint survivant,…

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Audio Recordings in a Guardianship Application; Think Twice Before Pressing Record

In the recent guardianship case, Rudin-Brown v. Brown, the court considered whether to admit into evidence recordings made of an incapable adult’s telephone conversations. Carolyn was found to be incapable in 2018.  In 2016, Carolyn signed new power of attorney documents for personal care and property (“2016 Powers of Attorney”)…

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What is a Reasonable Error

Further to my last post, the Canada Revenue Agency (“CRA”) does have the discretion to waive tax penalties on excess (or deemed to be excess) contributions to Tax Free Savings Accounts (“TFSA’s) and Registered Retirement Savings Plans (“RRSP”) if an excess contribution  to a TFSA or RRSP resulted from a…

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Monday, the day after yesterday.

While the sun did shine  yesterday, it  was still a difficult day for many of us. Not just because we can’t be outdoors, or play golf or volleyball but because for many, we continue to be restricted from seeing, and hugging our mothers. It is the 2nd  Mother’s  Day of…

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Non-Resident Beneficiaries and Canadian Real Property: Canada’s hot housing market can increase the work of estate executors

Distributions from the estate of a Canadian resident to a non-resident can give rise to additional compliance obligations under section 116 of the Income Tax Act where the estate owns Canadian real estate.  The need for such a clearance certificate is determined based on the value of real estate held…

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Powers of Appointment vs. Trusts – Failure to distinguish between them in Wills

This Blog was written by: David McPhee, Estate and Trust Consultant, Scotia Wealth Management  When the term “power of appointment” comes to mind, one often thinks of the provision in a will or inter vivos trust deed which creates a trust for a beneficiary for his or her lifetime, and…

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Whose Claim Is It Anyway?

In the recent decision of Goldentuler v. Simmons Da Silva LLP, 2021 ONCA 2019, the Court of Appeal for Ontario considered whether an individual had capacity to commence a lawsuit in which the cause of action belonged to an estate. Facts The late Henry Goldentuler (“Henry”) was a lawyer in…

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Disability Tax Credit

The 2021 Federal Budget included proposals that would see an expansion of the Disability Tax Credit to more Canadians. The Disability Tax Credit (DTC), with a value of $1,299 for 2021, is a non-refundable credit intended to offset the impact of disability-related costs. In order to claim this credit, a…

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Getting Lost In The System

And I don’t mean figuratively, I mean literally.  I heard two stories this past week of two elderly individuals who are both quite compromised with dementia.  One lives in a retirement residence and the other lives in her own home with care support. In both instances, they had a fall…

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