All About Estates

Category: Succession Planning

Total 59 Posts

SHAREHOLDERS AGREEMENTS, EXIT PROVISIONS AND THE IMPACT OF CONTROL

Control is an important concept for applying certain income tax rules and valuation issues (amongst others) when dealing with corporations, with serious implications to current and future (and estate) planning scenarios. De jure control refers to legal control of a corporation, which requires a look at shareholdings. Control in fact,…

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The STEP Annual Conference

This blog was written by Teresa Acs – Director, Professional Development & Process Excellence I had the pleasure of participating at last week’s Society of Estate and Trust Practitioners (STEP) Canada Conference. Each year, the conference attendance surpasses the year before, speaking to both the quality and importance of this…

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Testamentary Freedom – A Fundamental Right?

Whether testamentary autonomy is a constitutionally protected right has not been considered by the courts … until now.

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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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Capital Gains Exemption Purification before a Share Sale: Be Careful about Timing

Assume a family trust (“Trust”) which has a December year end owns 100% of an operating company (“opco”). A separate corporation (“holdco”), owned by the founders of opco, is a corporate beneficiary of the Trust. Opco is up for sale. Opco has excess funds which may affect the Trust’s and…

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Milne Estate (Re)visited

Today’s blog was co-authored by Joanna Lindenberg and Ronald Neal The decision of Milne Estate (Re) (“Milne”) caused a stir among the members of the estates bar and solicitors who draft wills, going so far as to illicit an alert from LawPRO. While the Milne decision (which is under appeal)…

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Not So Fast – Who Controls the Body?

“He knows where the bodies are buried” is a throwaway line from Orson Wells’ cinematic masterpiece, Citizen Kane. That line soon took on a life of its own and entered the cultural vernacular. In the world of estates, a more frequent problem is not finding the bodies but deciding where…

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Out-of-Date? You Could be Out of Luck!

          This Blog was written by: Emily Racine It is a hard truth that after a client confirms they have a will done, the first comment to follow is often “but it was done years ago”. The reality is that even when clients have a will,…

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A Roadblock for Multiple Wills

Today’s blog was written by Justin W. de Vries and Jacob Kaufman A will need not be probated. The power of an estate trustee derives from the will itself. However, in certain cases, a grant of probate (now awkwardly called a certificate of appointment of estate trustee with a will)…

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Business Succession Planning and the Next Generation

All business owners face the task of trying to determine what to do with their businesses when they retire or in the event of a sudden death: sell to the next generation, sell to a 3rd party or sell the assets and wind-up the business. According to the Canadian Federation…

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