All About Estates

Month: December 2021

Total 14 Posts

Reflections …. And Resolutions

As the calendar flips into 2022, I am sure many of us will be thinking – where did 2021 go? Without an active social life to distract me, why are my own affairs not in order? And, of course, what are my New Year’s resolutions for 2022? The end of…

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Don’t Assume You Can Access Your Money

Litigation can be expensive. At the forefront of the minds of many parties is the question of how to pay the legal costs. Sometimes the money that a party needs (or wants) to access in order to pay for the litigation is at the centre of the dispute. This can…

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My Annual Holiday Estates Jingle

I started this holiday jingle in 2011; I have added new stanzas each year. I hope you enjoy it. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ T’was the fight before Christmas, when all families know, It’s better to forgive than tell them to F. O., Mom probably liked you better, if memory serves, So while I am…

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Please, Please, Please – Administer your Estate

Today’s Blog was written by Emily Papsin, Articling Student at Fasken LLP Recently, the late James Brown’s estate was reported to have been finally settled after 14-year legal battle between his beneficiaries. The fallout from this serves as a reminder that the administration of an estate can have significant consequences,…

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Wine and Estates Revisited

When I last wrote about wine and estates it was 2019. A distant epoch. The Canadian situation has changed dramatically since then. Not only have I been drinking more and better wine (I’m not alone), but the secondary wine market has changed. It’s more liquid, if you will. This is…

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Beneficial ownership reporting – don’t rush to wind-up the trust

Proposed trust reporting rules I have read a number of articles published throughout 2021 stating that the new proposed trust reporting rules are coming.  Under the proposed new trust reporting rules, express trusts are required to report the beneficial ownership information to Canada Revenue Agency (CRA) and unless the Department…

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“I don’t want to be a burden to my children”

This is a common refrain that I hear and one that my trust colleagues do as well. In today’s blog I would like to discuss the role and importance of naming an Attorney for Personal Care.    [Note:  Of course this is in addition to naming either a trust company, which…

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Making a List, Checking it Twice: Getting Ready to Talk About Your Estate Plan this Holiday Season

As we approach the holiday season, many of us are looking forward to spending time away from work to get together with our families. For some of us, this will be the first holiday in two years that we have been able to all gather together. Many people’s holiday preparation…

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Is this a good time?

This Blog was written by: Taylor Sergeant Often when faced with a difficult conversation it is easy to create excuses on why we should not have it. Is it a good time? Can the individual I am speaking with handle this right now? How will they react? As we have…

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Donor-Advised Funds: Benefits and Drawbacks of the Increasingly Popular Means of Philanthropic Giving

A donor-advised fund is established when a donor makes a contribution to a foundation or financial institution and that fund operates much like a trust fund in that the donor (like a settlor) does not retain legal ownership over any property they place in the fund. However, the foundation or financial institution administering the property “provides administrative and investment assistance to the donor and gives the donor advisory privileges about how it should deal with the donated property.”

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