All About Estates

Category: Estate Planning

Total 611 Posts

Isle of Trusts

Spring is (kind of) here and summer is (hopefully) around the corner.  Like every year, Torontonians will no doubt soon make their way to the Toronto Islands during the summer weekends.  A group of 15 islands interconnected by pathways and bridges in Lake Ontario, the Islands are approximately 15 minutes…

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The CPP Child Rearing Dropout and its Impact on Survivor Benefits

Today’s blog was written by Monique J. Charlebois, a bilingual lawyer with more than 20 years of experience practicing Ontario estates law.  If you have clients who have lost a relatively young spouse/parent who was the primary caregiver to young children for many years, letting them know about the Child…

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Pipelines and non-resident beneficiaries

Without proper tax planning, private company shareholders face the prospect of a double tax on the value of shares – once at the time of death and again when the successor beneficiaries extract the share value from the company.  Post mortem “pipeline” planning solves this problem by allowing the estate…

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Annulled Charities

Annulment is one of those antiquated words the whispers “convenience” and “pragmatism”.  Failed or incomplete marriage?  Divorce not an option? A Church-granted annulment will set both partners free.  Annulment is also a term in the Income Tax Act that applies to registered charities and registered amateur athletic associations. It’s rarely used, and…

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When Probate becomes an International Affair

Co-written by Jennifer Campbell, estate clerk at Fasken Recently, we have dealt with a number of “international” estates, where (i) probate has been issued in a foreign jurisdiction, (ii) an executor is resident of another country, or (iii) a Canadian deceased held property outside of Canada. These matters have caused…

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Two Isn’t Always Better Than One: The Perils of Joint Accounts

This blog was written by Lara Besharat Earlier this month, a Toronto-based FinTech company launched a new feature for their app that aims to simplify the process of creating and maintaining a joint account. The app allows for joint accounts to be created and managed entirely via your mobile device,…

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When Cash is not King?

Most people keep their cash in bank accounts. However, to my surprise, some people still don’t, and for estate planning and administration purposes, this can be a real problem. Take the case of Temple v. Peddle, 2019 NLCA 2 in Newfoundland Labrador. Mrs. Peddle kept cash in a safe deposit…

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Estate donations, Time and Flexibility

Last week I visited Princess Margaret Cancer Centre in Toronto for a grant status update meeting with a family foundation. I used to work at the Princess Margaret Cancer Foundation, but left 20 years ago. Returning after two decades provided me perspective on two key charitable estate planning considerations: time…

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Supreme Court Blesses Henson Trusts

The Supreme Court of Canada has given its blessing to Henson Trusts (fully discretionary trusts set up to not impact the beneficiary’s social assistance benefits) in S.A. v. Metro Vancouver Housing Corp., 2019 SCC 4. I previously blogged about this case when it was before the Court of Appeal. The…

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Amendments to the CBCA: Implications for the Valuation of Interests in Trusts?

Amendments to Canada Business Corporations Act (“CBCA”), will come into force mid-2019 which will require each private CBCA corporation to maintain a register listing the actual individuals (i.e., physical persons with name, address and date of birth and tax jurisdiction) with significant control in fact over the corporation including individuals…

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