“estate planning”

Farm Succession – The Numbers Are Telling

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At least once in your life you’ll need a doctor, a lawyer and a preacher. But every day, three times a day, you need a farmer (Brenda Schoepp). Farming plays a pivotal role in our economy as it fulfills our basic daily necessities and it is in everyone’s interest that our Canadian farms continue to prosper in the future. According to the Statistics Canada 2021 Census of Agriculture (the “Census”)[1] There….

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Business Succession Planning, Family Conflict

The Year of the Audit and the Introduction of “Prompted” Disclosures

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This blog has been written by Rahul Sharma, Partner, at Fasken Martineau DuMoulin LLP, Toronto 2025 is flying by.  We are now in its final quarter.  Looking back at the year, I can think of one consistent theme in my discussions with other tax professionals: Canada Revenue Agency (“CRA”) audits and reviews.  Industry professionals have remarked—and quite rightly, perhaps—that we are dealing with more audits, reviews and reassessments issued by….

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Canada Revenue Agency, Estate Planning, Tax Issues

Estate Planning and Rental Properties

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Over the last couple decades, many Canadians have invested in real estate, more specifically, in rental properties. As a result, their real estate holdings will constitute a substantial part of their estate therefore, their estate plan should consider how best to minimize capital gains on death and preserve their real estate investments for the next generation. Indeed, one should not overlook the tax implications involved on the death of an….

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Estate Administration, Estate Planning, Property, Real Estate, Tax Issues

The Benefits and Limitations of “Family Law Clauses”

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This week’s blog has been written by Darren Lund Estate planning and family law intersect in numerous ways. One of the most obvious intersections between these two areas of law is the so-called “family law clause” that appears in Ontario wills, deeds of gift, and inter vivos trusts. Although the clause is ubiquitous, it is one that is easily misunderstood by lay readers of wills, deeds of gift, and trusts…..

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Estate Planning, Trusts, Wills

Newlands Revisited: Moving to the Appeal

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This blog has been written by Darren Lund, Partner at Fasken LLP In a previous blog, I wrote about the Ontario Superior Court of Justice decision in Lang-Newlands v Newlands, 2024 ONSC 6285. To briefly summarize, the Newlands case considered a number of issues, but the key issue of interest for estate planners is the court’s analysis of an “estate freeze” transaction that occurred during the parties’ marriage. Barbara and….

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Estate Planning, Family Conflict, Separation, Succession Planning, Trusts, Uncategorized

Provincial Succession Law and Family Law

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One of the most interesting and challenging aspects of working in the trusts and estates field is how different the rules can be, not just internationally, but within our national borders. For example, this week I was chatting with my Quebec colleagues about Bill 56 – An Act respecting family law reform and establishing the parental union regime. It amends provisions of the Civil Code of Quebec (the “Code”) and….

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Family Conflict, International, Spouse, Succession Planning
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