All About Estates

Category: Charitable Giving

Total 62 Posts

Giving Tuesday

This past weekend was the American Thanksgiving.  Black Friday sales and shopping and ‘savings’ ( an oxymoron, no?) advertisements were everywhere. Fortunately there is penance to be had with GivingTuesday, which is  tomorrow.  I can dissuade any guilt by giving to those less fortunate.   According to givingtuesday.ca, this is “a…

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Campaign Donors Permitted to Advance Trust Claim

GoFundMe is arguably the most recognized crowd funding platform used by many who seek to raise funds from the public domain to support a defined goal. Legal issues have been raised surrounding the funds donated through platforms such as GoFundMe, particularly when the funds are used for something other than…

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Life Interest or Licence to Use?

A person’s house is often their most valuable assets – both monetarily and emotionally. As a result, testators tend to put a lot of thought into who, and how, they wish to leave their house. However, as is always the case, best laid plans often go awry. One example of this, explored in the 2022 Court of Appeal of Ontario decision Barsoski Estate v Wesley, is when it is unclear whether the will gifts someone with a life interest in the house or a licence to use the property.

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Seven Faces of Philanthropy

  The Seven Faces of Philanthropy: A New Approach to Cultivating Major Donors is an iconic American fundraising book published in 1994.  In it authors Russ Allen Prince and Karen Maru File neatly categorize charitable profiles.  While written for a fundraising audience, the book is a helpful reminder that charitable…

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“To give or not to Give?” is only the first part of the question – as important is “How”?

Charitable giving is often an important goal of a client’s planning.  As the title of this blog suggests, there are many ways to achieve this objective. What follows is a general overview of on of the options available for charitable giving- namely the establishment of a private foundation- and addresses…

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Proving Charitable Purposes

Charitable purpose trusts are given special status in the law. While most other types of trusts must have a clear end date, charitable purpose trusts may live forever. All other types of trusts have to have specific and defined beneficiaries, yet charitable purpose trusts may exist in order to further…

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Thank You for Being a Friend – The Legacy of Betty White

Today’s blog has been written by Jessica J. Butler, Law Clerk at Fasken LLP Betty Marion White was born on January 17, 1922 and passed away at her home on December 31, 2021 – just 17 days shy of her 100th birthday. “I feel like crawling under the covers and eating…

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Donor-Advised Funds: Benefits and Drawbacks of the Increasingly Popular Means of Philanthropic Giving

A donor-advised fund is established when a donor makes a contribution to a foundation or financial institution and that fund operates much like a trust fund in that the donor (like a settlor) does not retain legal ownership over any property they place in the fund. However, the foundation or financial institution administering the property “provides administrative and investment assistance to the donor and gives the donor advisory privileges about how it should deal with the donated property.”

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Name That Charity!

“Name That Charity” sounds like a failed 1960s game show. Instead, it is an approach to estate planning that paradoxically may discourage charitable giving. This is an observation made by Kathy Hawkesworth of the Edmonton Community Foundation in a recent presentation to the Society of Estate and Trust Practitioner (STEP)….

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Increase In House Value Means $1.4 million Gift to SPCA

For many people who own the house in which they live, their home is the most valuable asset in their estate. In many communities in Canada, house values have steadily increased over the last several years and particularly during the COVID-19 pandemic. This means that the value of an estate…

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