All About Estates

Category: International

Total 34 Posts

U.K. Tax & Inheritance Tax – What’s New?

There have been many changes since my article on the U.K. Inheritance tax (“IHT“) applying to a Canadian resident. Indeed, we’ve seen a Spring U.K. budget introducing an overhaul of the U.K. resident non-domiciled individuals (“non-doms“) regime, a U.K. election bringing a new government and another Autumn budget. It has…

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Cross-Border Insurance Planning – Some Basics

Cross-border insurance planning is tricky but understanding the basics can go a long way in assisting clients. This short article will review some of the key questions to consider in order to avoid potential pitfalls in life insurance planning. Who is the Owner, the Insured and the Beneficiary In the…

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Refresher On Dealing With Foreign Grants In Ontario

Quite often, we are contacted by law firms in foreign jurisdictions requesting assistance in resealing or confirming a foreign grant in Ontario to deal with assets located in Ontario. My colleague Emily Hubling and I reviewed this topic back in 2019 (https://www.allaboutestates.ca/probate-becomes-international-affair/) and today’s blog is a refresher on the…

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Revisiting the “Granny Trust”

This blog has been written by Rahul Sharma, Partner, Fasken Martineau DuMoulin LLP, Toronto The world is ever-changing.  The UK non-domiciliary regime is ending, although with what appear to be potentially helpful tax measures available to new residents for a four-year period.  Certain favourable golden visa programmes in European countries are…

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Beneficiary of a U.S. Estate – Now What?

What are the tax implications if you are a beneficiary of a U.S. estate? Rarely do we consider the implications of a Canadian resident inheriting from a U.S. estate. From a Canadian Tax Perspective The general rule is the Canadian beneficiary shall receive their inheritance tax-free since the U.S. estate…

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The Apostille Convention – working with public documents abroad

The joy of working with clients with multi-jurisdictional assets and families can be dampened by the frustrations triggered by working with authorities in those jurisdictions for the timely administration of estates. Having proper authentication of key estate administration documents – birth and death certificates, divorce judgments, probate certificates come to…

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Section 116 and Capital Distributions by Trust to Non-Resident

When a trust makes a capital distribution to a non-resident beneficiary, the beneficiary is deemed to have disposed of a part or the whole of their capital interest in the trust.[2] Where the capital interest in the trust is “taxable Canadian property” (“TCP”),[3] the vendor of the TCP (i.e. the beneficiary who is deemed to be “disposing” of their interest in the trust) must apply for a clearance certificate from the Canada Revenue Agency (the “CRA”) under section 116, either in advance of the disposition or within 10 days of the disposition.

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The Life and Legacy of Gina Lollobrigida – An Estates Perspective

Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. Italian cinema legend Gina Lollobrigida passed away at the age of 95 in January 2023.  Known by fans as ‘La Lollo’, she starred in over 60 films which included the likes of Frank Sinatra and Sean Connery….

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