All About Estates

Tag: estate donations

Total 9 Posts

Loosening Standards for Charitable Property

A crisis may change long-held views.  In reaction to the devastating economic effect of COVID-19 a couple of regulators have loosened their rules related to two different types of charitable property.  Will these changes be temporary or will they lead to long-term change?  And what effect does it have on…

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Outdated Donation Clause

Legal precedents are invaluable – except, that is, when they are wrong or out of date.  Recently a Scotiatrust colleague contacted me about a clause in a client’s will that was intended to create an endowment fund at a registered charity.  The clause imposed a 10-year capital hold on the…

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Tax Shelters and Charitable Intent

In early February, the Tax Court of Canada put another nail in the coffin of “one of the biggest tax scams in Canadian history.” The case involved the Global Learning Gift Initiative, a charitable tax shelter that attracted 40,000 investors who – through a complex structure with no clear public…

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Estate Donations to Government

The title of this blog may provoke laughter, or perhaps, just head-shaking disbelief.  But estate donations to various levels of government do happen. The trick is to ensure that the donor’s intentions are carried out. The Crown – i.e. federal and provincial governments – and Canadian municipalities are qualified donees…

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Ontario Donation Tax Credits – Proposed Rationalization

Proposed Change The Canadian donation tax credit regime is generous, but opaque and needlessly complex. The March 28, 2018 Ontario Budget proposed a welcome reform for an intricate system. Too bad the idea is from a government that polls predict will likely to be voted out of office in eight…

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Discretionary Estate Donations

The following post is by guest blogger Sally Lee, LLB, an Estate and Trust Consultant at Scotia Wealth Management in Toronto. What happens when a testator, under her will, grants her executor unfettered discretion to gift a share of the residue of her estate to a charity or charities? The…

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Are Charities Second-Class Beneficiaries?

Charities face a bizarre challenge when administering gifts by will.   It should be simple.   After the donor’s death, a charity named as a recipient of an estate donation becomes the beneficiary of a trust.   The money is owed to the charity and the interest in the trust is legally enforceable.  …

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Rethinking Testamentary Charitable Remainder Trusts

The tax treatment in Canada of testamentary charitable remainder trusts (CRT) has long been an exercise of metaphysical complexity. Although a charity may receive property from a trust established by will, tax receipts are rare. What looks like a gift isn’t for tax purposes. The new “estate donation” rules in…

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60 Months: Estate Donations Revised

On January 15th, 2016 the Department of Finance announced changes to the trust and estate donation rules that came into effect at the beginning of 2016.   Three measures affected charitable donations, including two improvements to the “estate donation” rule. 1. Timing of Transfer Estate donations – gifts by will and…

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