All About Estates

Tag: dependant support

Total 18 Posts

Home Buyer’s Plan and Disabled Family Member

In a recent blog, I wrote about the availability of Home Buyer’s Plan (HBP) to an individual after the death of her spouse who purchased the matrimonial home. In a recent Technical Interpretation (2019-0819671E5, D. Odubella), the Canada Revenue Agency (CRA) was asked by a taxpayer to review the availability…

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Disability Tax Credit Claim: Denied on Appeal

As many of you know the Disability Tax Credit (DTC) is a credit to income tax otherwise payable, available for those with a severe or prolonged impairment. It is meant to provide some relief from the additional costs and expenses incurred associated with the impairment. I have written in the…

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Henson Trusts

Qualifying for support under various government disability programs in the form of cash payments or benefits often means that a recipient must have income and assets below a certain level. Without careful planning an intended inheritance may unintentionally serve to cut off a beneficiary’s government support. A Henson Trust allows…

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Interim Support and the “Bare Minimum”

Should a widow have to deplete her meager savings and income before being entitled to interim dependant support from her late husband’s estate? In Anderson v. Anderson, 2019 ONSC 5627 (CanLII), the court’s answer was unsurprisingly “no”. The deceased had been married to his second wife for almost 20 years….

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Support, Shoes and Social Media

How much interim dependant support is too much? When can interim legal fees be ordered? And can young people be stopped from posting on Instagram? Justice Pattillo had to consider these question in Zavet v. Herzog, 2018 ONSC 3398. The deceased, a wealthy real estate developer behind many of Toronto’s…

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The Application for the Disability Tax Credit to be Reviewed: Hallelujah!

As most of you know, the Disability Tax Credit is a credit to income tax otherwise payable, available for those with a severe or prolonged impairment. It is meant to provide some relief from the additional costs and expenses incurred associated with the impairment. It is also referred to by…

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Estates Administration Act Thwarts Dependant Support Claim

In MacDonald v. Estate of James Pouliot, 2017 ONSC 3629, the court considered a constructive trust and dependant support claim against an intestate estate. While the court granted a constructive trust, it dismissed the dependant support claim as the property at issue had already automatically vested in the beneficiary pursuant…

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Court of Appeal Limits Dependant Support Claw Back

The family law bar must be breathing a sigh of relief after reading the Court of Appeal’s decision in Dagg v. Cameron Estate, 2017 ONCA 366. Both the application judge and the Divisional Court (discussed on this blog, respectively, here and here) held that a life insurance policy taken out…

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QUALIFIED DISABILITY TRUST (“QDT”): HOW TO FILE A JOINT ELECTION?

Recently, the Canada Revenue Agency (“CRA”) issued a “how to file” the joint election for a trust to be a QDT: https://www.cra-arc.gc.ca/E/pbg/tf/t3qdt/README.html From 2016 forward, this form is to be used if one or more beneficiaries are jointly electing that the trust be designated to be QDT for the year….

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TAX FREE ROLLOVER “WRINKLES”

Some recent technical interpretations from the Canada Revenue Agency (“CRA”) remind us that tax free rollover of retirement plans have to be carefully planned and executed to get the desired result. Here are a couple of cases in point: Rollover of a Registered Pension Plan (“RPP”) to an infirm dependent…

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