All About Estates

Malcolm Burrows

Total 77 Posts Website
Malcolm is a philanthropic advisor with 25+ years of experience. He is head, philanthropic advisory services at Scotia Wealth Management and founder of Aqueduct Foundation. malcolm.burrows@scotiawealth.com

Cultural Property Tangle: Export v. Donation

How can an export permit affect charitable giving? Quite easily if you are dealing with a foreign art work deemed “cultural property” under Canada’s Cultural Property Export and Import Act (CPEIA). A June 12 Federal Court of Canada decision on the export of French impressionist painting has reportedly frozen donations…

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Rule of Convenience: Interest on Legacies

This blog is authored by Gosha Sekhon, LL.B., B.A., Scotiabank. Courts apply the common law “rule of convenience” in the situation of legacies that have not been paid within the first year of an estate. In general terms, this means that interest is payable on a legacy not paid on…

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Charities and Political Activities

  A battle has been waging in Canada since 2012 over “political activities” by registered charities. The previous Federal Government initiated an audit by Canada Revenue Agency (CRA) of 60 registered charities, which was discontinued in 2017 by the current government. On July 16, 2018, the Ontario Superior Court of…

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The Wild West of Beneficial Ownership

This Blog was written by: Peter Meitanis WANTED: The Beneficial Owners of Real Estate in British Columbia If you’re a fan of movies about the Wild West, you’ll know that many plotlines revolve around a mysterious stranger coming to town. But in British Columbia, the mysterious strangers aren’t riding into…

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Artist’s Foundations

In the U.S. there is a generation of contemporary artists who have never been richer and they are endowing – with art and money – some significant foundations. Cy Twombly Foundation, for example, reportedly has assets of over $1.5 billion. There is even a support initiative called the Artist-Endowed Foundation…

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Art Copyright and Estates

Copyright & Art Ernest Gambart was a pioneering art dealer and showman in Victorian England who uncovered the value of art copyright.  His specialty was a triple play.  First, he mounted an exhibition (typically a single painting such as William Powell Firth’s The Derby Day); second, the sold the work; and third, he…

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Where There’s a Will Kit, Is There’s a Will?

This blog is contributed by Sally Lee LLB,  an Estate & Trust Consultant at Scotiatrust. I once got into a heated argument with my sister who wanted me to validate her decision to make a Will with  a Will Kit.  I vehemently opposed, and we did not speak for about a…

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Donate to Eliminate Clauses

Last week I received a call from a client who wished to include a “donate to eliminate” clause in his will. His goal is to wipe-out all taxes in his estate by giving just the right amount to his favorite charities. A few years ago, this planning idea was all…

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Intrinsic v. Extrinsic Giving

There is a fundraising truism that says you don’t get money unless you ask for it. But as estate planning professional know that’s not always true. A difference between lifetime gifts made directly to charity and estate donations is motivation. Often lifetime gifts are extrinsically motivated; estate donations are more…

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A literary time capsule

Author: Elizabeth Bozek, LLB, Estate and Trust Consultant, Scotia Wealth Management. I recently attended the Young Women in Law’s 8th Annual Charity Gala  where Margaret Atwood was the keynote speaker. Her talk was equal parts funny, touching, topical and eloquent.  Inspired to look into what else Ms. Atwood is up…

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