So I was meeting with the beneficiaries of an estate to finalize some of the tax filings to be made. The tax filings reflected a series of transactions completed to eliminate double taxation on the disposition of some of the estate’s assets. What was causing the possibility of double taxation…
Category: Credibility
When asking a friend for a financial favour, people often fail to document their actions and decisions as thoroughly as they should – the trust people have in their friends frequently translates into a belief that they do not need to pay attention. Regardless of whether the trust was deserved,…
Today’s blog was written by Jenna Ward, Articling Student, Fasken Martineau DuMoulin. A recent case of the Court of Appeal for Saskatchewan has emphasized the significance of first, the relationship between a testator and his or her lawyer and second, the experience and tenure of such lawyer in assessing testamentary…
I previously blogged about the presumption of resulting trust, which applies to gratuitous transfers between a parent and an adult child (equity presumes a bargain, and not a gift). Rebutting the presumption of resulting trust (i.e. proving that the parent intended to make a gift to the adult child) often comes down…