All About Estates

Tag: Fasken Martineau

Total 152 Posts

Does a Grantor have the Capacity to plan their Incapacity?

This blog has been written by Mohena Singh, Associate at Fasken LLP As estate planners, one of the most important aspects of our job is to discuss incapacity planning with our clients. Mental incapacity has become a social, health and legal challenge that affects a surprising number of Canada’s senior…

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Considerations when Administering a Canadian Estate with US Situs Assets

Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. As today’s world continues to grow increasingly interconnected, more estate professionals find themselves dealing with a web of cross-border assets and jurisdictional issues.  This post considers certain issues that you might face when administering a Canadian estate…

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Intestacy 101

Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP. People in our profession often cringe when they hear the words “they died without a Will”, because as soon as we do, we can almost always envision problems arising. Unfortunately, it has become more and more common to…

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It’s That “Tax Talk” Time of Year….Again

As the calendar rolls into March and tax slips arrive in the mail, I thought that I would remind blog readers about a provision in the Income Tax Act (the “ITA”) that I think is one of the more insidious ones, namely the so-called “corporate attribution rule” in subsection 74.4…

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What Happens if Something Happens to your Executor?

Choosing who to name as the executor of your estate is an important decision to make when preparing your will (and a topic on which other All About Estates blogs have been written). But what happens if something happens to your executor, and they are unable or unwilling to act?…

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Will The Vacant Home Tax Impact Use of the Principal Residence Exemption; Estate Planning Considerations

  Overview The Ontario government has enabled municipalities to enact a tax on vacant residential units in their regions (Granted under Part IX.1 of the Municipal Act).[1] Each municipality has to pass a By-Law stating the tax rate and conditions of vacancy that, if met, make a property subject to…

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As You’re ‘Checking Your List’, Don’t Forget Your Year End Tax Planning

As the holidays approach, so too does December 31st or the end of a calendar year.  This date can mean different things to different people.  For those in the business of estate and tax planning, the spectre of December 31st often leads to calls from clients who are looking to:…

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The Secret Language of Estates, and Inflation

Estates clerks and lawyers “speak” their own language.  We use acronyms or initialisms[1] such as CAET, EIR, RCP, ARI, AET, GRE, POA and COLA.  We use abbreviations like Benys and T’ees, and we draw triangles.  The idea for this blog was born when reflecting on having to interpret a lawyer’s…

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Considerations When Trustees are Involved in Transactions

Approaching year end, you increasingly may be fielding calls from corporate lawyer peers who are closing transactions in which trusts are involved. For example, trusts may be direct vendors or sellers, or, perhaps HoldCos are the sellers, but one or more trusts own the shares of the HoldCos.  This blog…

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ELDER ABUSE: A GROWING PROBLEM IN AN AGING POPULATION

Today’s blog is co-written by Jennifer Campbell and Sandra Arsenault, Senior Law Clerks in the Private Client Services Group at Fasken. At the beginning of November, we were fortunate enough to attend the Institute of Law Clerks of Ontario (ILCO) annual conference in Niagara-on-the-Lake.  This conference brings together law clerks…

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