All About Estates

Tag: Executors

Total 108 Posts

Extended tax payment deadlines and interest relief on tax debt

Further tax payment deadline extensions and interest relief on tax debt are on offer by the Canada Revenue Agency (CRA) during the COVID-19 pandemic. As announced on July 27, 2020, trusts now have until September 30, 2020, to pay income tax balances and instalments that would have otherwise been due…

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WHAT ABOUT A CORPORATE EXECUTOR?

A lot has been written about how should choose an executor, and some of it in this blog place. A couple of years ago, fellow boggler Emily Hubling wrote eloquently about the risk and rewards of appointing a professional advisor as executor. I would like to revisit some of the…

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Foreign reporting and the foreign pension plan

The Canada Revenue Agency (CRA) was asked whether a Canadian-resident individual is required to file Form T1135 (Foreign Income Verification Statement) in respect of their interest in a US pension plan.  The foreign property reporting rules are in section 233.3 of the Income Tax Act (ITA). Generally, these rules require…

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How to Provide for Your Island in Animal Crossing: New Horizons After Your Death: Part II

This is a three-part blog series that seeks to explore the manner in which one can conduct estate planning with respect to their copy of the popular 2020 Nintendo Switch video game Animal Crossing: New Horizons. Part I discussed the importance of this topic and described the applicability of a…

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Locating Unknown or Missing Heirs to an Estate

How should an estate trustee proceed when they cannot identify or locate all of the heirs to an estate? In some cases, a challenge arises where a will does not identify the beneficiaries by name, but by class or some other description. For example, a will may leave the residue…

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HOME BUYER’S PLAN AND TAX CREDITS AFTER THE DEATH OF A SPOUSE

During her marriage, a spouse inhabited a home wholly owned by her husband. He passed away and the house became an asset of the estate. Subsequent to her husband’s passing, the spouse purchased a new property. She had not re-married or entered into any common law partnership. Is the spouse…

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What is it you guys do anyway?

Today’s blog is being brought to you by guest blogger, Betty Laidlaw, a law clerk in the Private Client Services group of Fasken LLP. When someone asks me what I do for a living and I answer, “I’m a law clerk”, I often get blank stares.  When I say “paralegal”,…

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Revocation of Wills

In the recent case of Sokalski Estate (Re), 2019 ABQB 285, the deceased left two wills one in 2011 and the other 2017, without expressly revoking the earlier one. The estate applied to the Court for a determination regarding which document or documents form the deceased Mr. Sokalski’s last will….

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TOSI and the Estate Plan

Since 2018, the tax on split income (TOSI) rules have impacted common estate planning practices. While much of the TOSI focus is on planning during one’s lifetime, post-mortem planning strategies have also been affected. It follows that a post-mortem planning strategy must now be considered in light of TOSI, as…

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Paper vs. Electronic Filing of Estate Information Returns!

Today’s blog was written by guest bloggers, Tracy Parkinson and Krista Brown, law clerks in the Private Client Services group of Fasken LLP. It’s hard to believe that we have been filing Estate Information Returns (the “EIR”) with the Ministry of Finance (the “Ministry”) since January 1, 2015, but if…

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