All About Estates

Month: August 2021

Total 19 Posts

Applying for a trust account number?

The Canada Revenue Agency (CRA) was recently asked to provide an update regarding the new online application process for a trust account number. In my capacity as an advisor, I ask clients to make tax payments if an only if there is an account number assigned to the taxpayer responsible…

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Another Goodbye

I have written about my work with my long time elderly client, Audrey, for some time. Through these blogs, I have shared the loss of her sister, her prior discharge from palliative care,  her 100th (and 101) birthday, her most recent admission and discharge and today I want to share…

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The Family Cottage: Fostering Friendship or Fuelling Foes?

Whether it be a lakeside summer home, a small log cabin in the woods, a ski chalet, or a country retreat, a family cottage can be the source of wonderful memories and an important part of family life. However, it can also become a source of stress and disagreement if…

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An RESP may be a simple solution for funding a grandchild’s education, but beware of its limitations

This Blog was written by Joanna Mazin, Estate and Trust Planning Lead at MD Financial Management Inc. which is part of Scotia Wealth Management Many clients I work with are interested in finding a tax-efficient way to financially support their minor grandchildren’s savings for post-secondary education. I often suggest that they consider opening or…

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Reaffirming the Status Quo of Beneficial Designations: the saga of Calmusky v. Calmusky continued

The Rippling Effects of Calmusky v. Calmusky In March of 2020, Lococo J.’s decision in Calmusky v. Calmusky made waves in Ontario’s legal community. (For this reason, it was included in our top 20 estate law cases of 2020. An excellent summary and analysis of that decision by my colleague…

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Charitable remainder trusts: what are they and when are they useful?

A charitable remainder trust (CRT), although not widely used in Canada, can be a useful charitable giving tool that generates an immediate tax credit for the donor. In an inter vivos context, an individual establishes an alter ego trust and transfers property to the trust on a tax-deferred basis. The trust holds…

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“If You See Something, Say Something”*

Do you have a ‘TCP’? While I am not a fan of using acronyms, ‘TCP’I is one you want to know.  It is shortform for ‘Trusted Contact Person’. “The Canadian Securities Administrators (CSA) announced July 15 that regulators are adopting amendments to National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations, which…

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Proclamation of the ONCA – October 19, 2021

Today’s blog was written with the assistance of Mahsa Pezeshki, a law clerk at Fasken LLP   On August 17th the Ontario government announced that the Ontario Business Registry (OBR) will be launched on October 19, 2021 and The Ontario Not-for-Profit Corporations Act (ONCA) will also be proclaimed into force…

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How long is perpetuity?

    “Is perpetuity 21 years?”, asked a charity colleague.  “Well, no, it’s forever.  Or until the end of time, or as long as we collectively exist,” I answered. Despite my emphatic response, the question is a good one because it underscores the inherent meaninglessness of the phrase “in perpetuity”…

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Estate Trustees and Irreconcilable Conflicts

In the recent decision of Lagrandeur Estate (Re), the Court considered when an estate trustee can be ‘passed over’ due to a conflict of interest. Facts Keisha Lagrandeur (“Keisha”) died on December 6, 2019, aged 41. Keisha had two boys aged 19 and 17 with her married spouse Gaetan Lagrandeur…

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