August 2014

Passing of Accounts: A Math Problem Explained

In a recent blog post entitled “Things Lawyers Know,” I laughed out loud when I read #13:  “Lawyers are word, not number people.  If their fee went up 10%, few lawyers would know how much extra they received.” Math often comes into play in an estates litigation practice, particularly in the context of a contested passing of accounts.  In the recently released endorsement,In the Estate of Norma Baer, the Court….

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Estate Planning, Home-Right

US TAX FILING OBLIGATIONS FOR NON-RESIDENT US CITIZENS: SOME IRS RELIEF!

Under most circumstances, citizens of the United States must file annual income tax returns regardless of residency. In 2012, the Internal Revenue Service (“IRS”) introduced 2 voluntary compliance programs to allow US citizens to comply with their income tax filing obligations thereby avoiding possible criminal prosecution and penalties: 1. the streamlined process for US citizens who live outside the US and owing little or no tax and 2. The Offshore….

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Estate Planning, International

Charitable Remainder Trusts – A Capital Idea

Today’s Blog was written by Katie Ionson, Associate at Fasken Martineau DuMoulin LLP In the right circumstances, charitable remainder trusts (“CRT”s) can be a chance to have your cake and eat it too. CRTs can be testamentary or inter vivos trusts. Generally, the settlor and/or someone close to the settlor (e.g. a spouse) receives income from the trust during his or her lifetime. On the life tenant’s death, the capital….

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Estate Planning, Home-Right, Philanthropy/Charitable Giving

An Emotional Afternoon.

I have been a practicing social worker for over 30 years. During this time I have tried to not “social work” my family. Not an easy feat especially over the last 10 years since starting Elder Caring and having aging parents. This past weekend I returned to my home town for a visit with my mother. I thought it would an excellent opportunity to complete the new EC “Wellness Binder”….

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Estate Planning

New Brunswick Court Strikes Unconditional Bequest

Today’s post is written by guest blogger Adam Parachin, Associate Professor of Law at the University of Western Ontario. In a recent decision – McCorkill v. Streed 2014 NBQB 148 – the New Brunswick Court of Queen’s Bench took the highly unusual step of striking an unconditionalresiduary bequest on the basis of public policy.  Justice Grant reasoned that the bequest violated public policy due to the white supremacist agenda of….

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Estate Planning

Stock options held at death

A recent Canada Revenue Agency technical interpretation sheds light on the treatment of the deceased’s unexercised stock options and tax relief in the event the value of the stock has declined since the date of death. Our tax rules provide that where an employee has died and the employee owned unexercised stock options prior to their death, the deceased is considered to have received an employment benefit in the year….

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Estate Planning
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