Estate Donation Regime at 10 Years

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Ten years ago, in 2016, the introduction of the Graduated Rate Estate (GRE) regime turned Canadian estate planning upside down.  The sidebar to the GRE rules were rules for “estate donations”. These Income Tax Act provisions in Section 118.1(5.1) altered the administrative and tax treatment of gifts by will, as well as direct designation gifts of life insurance, RRSP/RRIFs, and TFSAs. A decade later, how are charities and executors managing?….

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Court Imposes a Trust over RESP Funds

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A recent court case examined whether funds deposited into four RESP accounts were impressed with a trust in favour of the named beneficiaries. In 2017, Hugh Grightmire (“Hugh”) transferred $200,000 to purchase four RESPs, $50,000 per great-grandchild beneficiary (the “Applicant”). Tracey-Lee, Hugh’s daughter and great-aunt of the Applicants (the “Respondent”) was named subscriber and managed the RESP funds.  Hugh died in 2023. When the eldest Applicant started post-secondary education, the….

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Estate Litigation

Life Insurance & U.S. Citizens

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Scotiatrust

When considering life insurance, it’s important to ask: are you a U.S. citizen? The reason for this question is that U.S. citizens who own foreign life insurance policies face a surprisingly complex tax landscape. Unlike domestic policies—which generally enjoy favorable tax deferral and simplified reporting—foreign life insurance contracts (i.e. non-U.S. life insurance) are subject to increased scrutiny, more extensive reporting requirements, and in some cases, U.S. excise taxes. What is….

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Estate Administration, Insurance, Succession Planning, Tax Issues, U.S. Citizen, United States, US Taxes

The First Month After a Death: Practical First Steps for Executors and Family Members

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This blog has been written by Caroline Caron, Paralegal, at Fasken LLP The weeks following a death can feel overwhelming. Alongside grief, there are practical responsibilities that often require prompt attention. Whether you are acting as executor or helping someone who is, a few clear first steps can make the process feel more manageable. Before turning to the specific initial steps involved in administering the estate, it is worth noting….

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Estate Administration, Executors

Medical Records and Will Challenges: Know the Limits

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In will challenges, it is common for parties to seek disclosure of the testator’s medical records, particularly when there are allegations of undue influence or lack of testamentary capacity. While courts are often inclined to grant requests for medical records, the requests must be justifiable in relation to the litigation. This topic was addressed in the recent decision, Farooque v Korba, 2026 ONSC 3124 (CanLII), discussed below. Background The Deceased….

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Appeals, Contested wills, Estate Litigation, Undue influence

Ageing in Place: The Paradox of Planning

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A goal without a plan is just a wish. – Antoine de Saint-Exupéry While scanning international studies on aging in place and planning effectiveness, a new whitepaper from Australia triggered a revealing phrase: the paradox of planning. While older people in Australia and Canada overwhelmingly have the goal of aging in place, few actually have the knowledge of what to do and how to start planning for the care, financial,….

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Smart Ageing
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