All About Estates

Tag: estate planning

Total 251 Posts

More Tech Companies Are Implementing Digital Legacy Planning

When it comes to estate planning for one’s digital assets, it is now no secret that, depending on the organization(s) involved, options can be limited. This is particularly the case for online accounts. A few years ago, Fasken published a bulletin titled “Estate Planning and Online Accounts”. This bulletin examined…

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Bill C-208: The saga continues…

On June 29, 2021, the Private Member’s Bill C-208, regarding the transfer of small businesses and family farm or fishing corporations (the Bill), received Royal Assent. The Bill limits the application of section 84.1 on inter-generational business sales. Avoiding section 84.1 allows the vendor to receive capital gains treatment on a non-arm’s…

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When Leaving Your Premises for Medical Reasons and Never Go Back: Need a Plan

I do a lot of work in the insurance industry. Recently, I came across a court case which I thik is a cautionary tale for estate planners and executors. In Gregson v. CAA Insurance., 2021 ONSC 3041, Ms. Gregson was a property owner and name insured on March 17,2017 when…

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Tax on principal residence? How to plan for a change of use

No, the government did not eliminate or claw back the principal residence exemption in the 2021 Budget, as had been speculated. Yet, there is a circumstance in which a taxpayer could face an unexpected tax burden in respect of a principal residence: when there is a change in use of a…

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How the ‘Hotchpot Clause’ Lost its Groove: the marriage settlement trust and myth of women’s legal disabilities

What is Hotchpot? In estates law, “hotchpot” is a legal term of art.[1] It is an umbrella term that covers a few related concepts (e.g., a hotchpot clause, common law presumptions of hotchpot, intestacy legislation on the same). In essence, the purpose of hotchpot is to prevent one beneficiary from…

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Estate Planning and Adoption

As the date for writing this blog was approaching, I struggled to find an interesting topic to write about. I like to write about what I know or practical tips so I had to go back to the drawing board when I was drawing a blank. Today’s blog is a…

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Some Ins and Outs of RRSPs & RRIFs Transfers on Death

Generally the RRSP or RRIF of a deceased can be transferred by specific bequest under the terms of the deceased’s will to a qualifying survivor tax-free. A qualifying survivor would be the deceased annuitant spouse or common-law partner or a financially dependent child or grandchild. When payments from a deceased…

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Today’s Executor is a Digital Executor

Today’s Executor is a Digital Executor The estates and trusts world has taken notice of the importance of digital assets—there is no question about that. Now that we know that an individual’s digital assets are something that advisors and clients alike need to consider for every estate planning matter, the…

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What is a Reasonable Error

Further to my last post, the Canada Revenue Agency (“CRA”) does have the discretion to waive tax penalties on excess (or deemed to be excess) contributions to Tax Free Savings Accounts (“TFSA’s) and Registered Retirement Savings Plans (“RRSP”) if an excess contribution  to a TFSA or RRSP resulted from a…

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Use of Cottage By Children of Settlor of an Alter Ego/Joint Partner Trust

Both alter ego and joint partner trusts (the trust) allow a settlor to transfer capital assets into the trust on a tax-deferred basis if the following conditions are met: The trust is created after 1999. The settlor is at least 65 at the time of creation. In the case of…

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