All About Estates

The Life of Pipeline Transactions: The Beat Goes On

In the past few years, many associated with this blog have written about the benefit of post-mortem pipeline transactions to avoid double tax on disposition of certain assets. Again, and briefly, a pipeline transaction is a form of transaction whereby the assets of a corporation are distributed to shareholders utilizing…

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Happy Birthday: Our Updated Federal Dementia Strategy

A few weeks ago  there was an announcement  that the Federal health minister earmarked $50 million over 5 years to support our new dementia strategy.  You may recall that the National Strategy for Alzheimer’s Disease and Other Dementias Act was passed in June 2017, which at that time, was a…

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Ontario’s Non-Resident Speculation Tax – A Cautionary (Trust) Tale

This post reviews the Ontario “Non-Resident Speculation Tax” (“NRST”), and draws attention to an important possible effect to be aware of on land conveyances involving trusts in the province.  This post is a refresher and update to Corina Weigl’s post in June, 2017, which was posted shortly after the proposal…

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The Senate Speaks Charity

It’s hard to underestimate the importance of the Special Senate Committee on the Charitable Sector report to that was released on June 20th.  After almost 18 months of hearings and consideration, this once-in-a-generation study came up with 42 recommendation on topics ranging from volunteerism, social enterprise, regulatory system, and judicial…

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Digital Will Vault

NoticeConnect, which is a one stop shop for estates to advertise for creditors and provide solutions for those seeking to collect from estates has recently added a new element – an online Canada Will Registry. The Canada Will Registry went live in early June 2019. On the “Digital Will Vault”,…

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Testamentary Autonomy is a Constitutional Right? A finding that may impact Ontario dependants’ support rules

Today’s blog is being brought to you by our guest blogger, Anna Chen Last week, Gillian Fournie wrote a blog about the recent Nova Scotia Supreme Court decision in Lawen Estate v. Nova Scotia (Attorney General), 2019 NSSC 162.  The court held in that case that certain dependants’ relief provisions…

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The Data Trust – The Superhero We All Need

  Coming soon to Scotiabank Theatre……   *Read using a Movie Trailer Voice* In a world where hackers and evil corporations make billions using your personal information. A world where liberty is at the mercy of data breaches. There’s one thing that can’t be breached: A Fiduciary Duty Dwayne “The…

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INCOME RECEIVED AFTER DEATH

Recently, the Canada Revenue Agency released a technical interpretation to clarify the commentary in the T4001 Employer’s Guide – Payroll deductions and Remittances, and the T4011 guide, Preparing Returns for Deceased Persons, in respect of income payable at death but not actually paid until the subsequent year. The CRA confirmed…

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Elder Abuse: When The Numbers Don’t Add Up.

June 15 is World Elder Abuse Awareness Day. I continue to be saddened by the many different ways that elders can be taken advantage of.   Financial abuse is one of the types identified, included with physical and emotional abuse as well as with neglect. There are some telltale signs that…

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“Pour Over” Clauses Revisited

You may recall I wrote a blog post last year on the Supreme Court of British Columbia decision, Quinn Estate, 2018 BCSC 365, which rendered the “pour over” clause in the late Pat Quinn’s (“Pat”) Will invalid. The basis for this decision was twofold:

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