All About Estates

Category: Uncategorized

Total 212 Posts

Advanced Care Planning

April 16 is National Advance Care Planning Day. If this blog is the only place you are hearing about Advance Care Planning today, then please share it, because it likely means you are not alone! This is the ‘Speak Up’ campaign and by making this a National event, it serves…

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Budget 2019: A Change to the Estate Administration Tax

On April 11th, 2019, Ontario’s Ford government released its first budget. Of note to estates practitioners, as of January 1, 2020, Estate Administration Tax (commonly referred to as “probate fees”) will not be payable on the first $50,000.00 of an estate’s value. Currently, probate fees are levied at a rate…

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Budget 2019: Erosion of Charitable Incentives

The 2019 Federal Budget was uneventful in terms of charitable incentives (journalism aside), but there are two proposals that will directly affect giving. The first relates to donations of cultural property – especially art with foreign origins – and the second to employee stock options. The former represents the reinstatement…

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SPOUSAL TRUSTS : COUPLE OF UPDATES

Life insurance policy – rollover at cost? In a recent technical interpretation, the Canada Revenue Agency (“CRA”) confirmed that where a spousal trust is required to pay the life insurance premiums on a policy it owns and is the beneficiary of the policy, a rollover at cost pursuant to the…

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Reanimation, Immortality and Estates Law

Today’s blog was co-written with Demetre Vasilounis, Student at Law at Fasken LLP. As science’s capability to bend the laws of nature becomes wider and wider, our laws will have to develop ways to tackle the challenges that will inevitably arise from such scientific advancement. One concept which is becoming…

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Pre-arranging for Personal Care

This blog was written by Sally Lee, LLB – Estate and Trust Consultant with Scotia Wealth Management Recently, I met a prospective client (let’s call her Jane) who told me she did not have anyone to appoint as her attorney for personal care. It appeared that this issue was the…

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To Spring, or Not to Spring!

Today’s blog is being brought to you by guest blogger, Tracy Parkinson, a law clerk in the Private Client Services group of Fasken LLP. Recently I have noticed that many meeting agendas for group discussions of estates practitioners that I have attended have included some aspect of the challenges, use…

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Disability Tax credits and Bankruptcy

In general, unpaid and to be paid disability tax credits can form part of a bankrupt’s estate in the form of property and income. If they are “property of the bankrupt” within the Bankruptcy and Insolvency Act, (the “BIA”), then they are 100% distributable amongst estate creditors in accordance with…

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Mind the Gap! And Put On Your Parens Patriae

Ontario’s “new” parentage rules, contained primarily in the Children’s Law Reform Act (“CLRA”) and implemented through the All Families Are Equal Act, have been in force for more than two years, having become effective on January 1, 2017. There have now been several reported decisions that interpret and apply the…

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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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