The cy-près doctrine It is common practice to leave a gift to a charity in your will. However, the charity that the testator wished to support may not have been named properly in the will (leading to confusion about who was supposed to benefit from the funds), or may have…
Estate planning is an exercise in time travel. It is impossible to predict the future, especially when the time gap between planning and death is often decades. Fast forward 25 years, a charity may not exist when the estate is distributed. Charity law identified this problem and a solution to it over…
John Quinn was a corporate lawyer and Wall Street titan. A bachelor known for his many lovers, Quinn was also America’s first great modern art collector and tireless public champion. He was a friend of literary and art legends like Picasso, WB Yeats, and Joseph Conrad. Quinn died in 1924 of cancer…
On Giving Tuesday last month, The Winnipeg Foundation announced a $500 million estate donation from a local donor, Miriam Bergen. The donation is of two companies. Appleton Holdings Ltd., which owns Edison Properties, which in turn holds 27 rental apartment and commercial buildings in Winnipeg. The donor’s wished that her…
Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. Powers of attorney can be an area of confusion for those clients looking to create or update their estate plans. Clients can be uncertain as to what kinds of duties and responsibilities someone appointed under a power…
I recently spoke to an estate lawyer who told me she would never recommend certain charities to clients. Why? Because of the way these charities treated estate trustees. Some charities are unduly litigious, grind on fees, and are obstreperous about releases. It’s not the first time I’ve heard this comment…
Tax relief for an estate donation cannot be claimed until the property is transferred to a charity. No tax receipt; no tax credits. If the distribution is after 60 months after death of the donor there is no tax receipt at all. But what if the estate has illiquid assets…
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…
The 2016 introduction of the Graduated Rate Estate (GRE) regime was accompanied by the “estate donations” rules. These Income Tax Act provisions altered the administrative and tax treatment of gifts by will, as well as direct designation gifts of life insurance, RRSP/RRIFs, and TFSAs. How are charities and executors managing…
When Lindbergh flew from New York to Paris in 1927, it was inspired by the $25,000 Orteig Prize. Also in the 1920s, when the International Math Union wanted to honour under 40-year-old rising mathematicians, Toronto math superstar J.C. Fields (under)funded a medal that has been awarded ever since. Since the…
