All About Estates

Category: Property

Total 94 Posts

POST MORTEM PLANNING: AGAIN MORE GOOD NEWS

CRA will allow post-mortem pipeline transactions to continue, which will allow individuals to avoid double tax on disposition of certain assets.

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Spousal Election – The Right of the Survivor

In Ontario, the Family Law Act (“FLA”) regulates the division of property and the availability of spousal support on separation or death.

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SOME TAX TIPS IN THE COVID ERA

Our epidemiologists and public heath officers are warning us gently that the dreaded virus will be with us for awhile. Nevertheless, we are all hoping that our economy will recover soon (and to some extent our financial markets have), but it appears asset values in general may be depressed for…

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Gift Ideas for the Freshman in the Family

This Blog was written by: Alicia Godin, Estate and Trust Consultant, Scotia Wealth Management As we approach mid-August, many students (and parents) have turned their minds to the new school year. Although this year post-secondary education may look slightly different for many students with the switch to online learning, it…

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Of Love, Resulting Trusts, Matrimonial Homes and Fenelon Falls

The gratuitous transfer of property from a parent to an adult, capable child may result in a resulting trust.

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Constructive Trust and Proprietary Estoppel – Built With Your Own Hands

Families often fall into patterns and routines; they are comfortable, stable, and predictable. They can also give rise to legal rights over land. The extent and enforceability of those rights will be put to the test following death or divorce. Such was the case in Tomek v Zabukovec, 2020 ONSC…

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BARE TRUSTS

A bare trust, also referred to as a naked trust, exists where a person, the trustee, is merely vested with the legal title to property and has no other duty to perform or responsibilities to carry out as trustee, in relation to the property vested in the trust. The sole…

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LIFE INSURANCE IN THE COVID-19 ERA

As someone who has been around the life insurance industry in a professional and personal capacity for several decades, I am always curious about what motivates people to buy or not buy life insurance. I understand that few people spend time thinking about the consequences of low-probability events and are…

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TFSA’s and Survivor Payments: Impact of Fair Market Value.

In this space, sometime ago, a fellow blogger wrote about how survivor payments made out of a deceased’s tax free savings account (TFSA)  to the deceased’s spouse TFSA would qualify as an “exempt contribution” (i.e. the contribution room in the surviving spouse’s TFSA would not be affected by the addition…

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ON A PAPER NAPKIN, DID YOU SAY?

The Queen’s Bench for Saskatchewan was recently asked (in the case of Gust vs. Langan et al., 2020 SKQB 42) whether a will handwritten on a paper napkin created by the deceased sometime before his death met the requirements of being a valid will under the relevant Act to permit…

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