I was recently asked how RESPs effect the calculation of a spouse’s net family property (“NFP”) for purposes of Ontario’s Family Law Act. Because a RESP is considered the property of the subscriber, and not a trust, it generally forms part of the subscriber’s estate on his or her death….
Month: September 2016
Communication is often the key to a successful relationship. This holds true for discussions held between parents and their adult children but when it comes to ‘having the talk’ about aging and caring, there seems to be a broken telephone…..
On September 28 I will be joining Charles Ticker, Charles Wagner, and David Smith in a panel discussion on ‘Dealing with Undue Influence Issues’ as part of the 2016 Practical Guide for Legal Professionals – ‘Advising the Elderly Client’ conference hosted by Osgoode Hall Law School in Toronto. I will…
The Canada Revenue Agency (CRA) was asked if an estate that received property from an inter-vivos trust that is a life insurance policyholder would be a graduated rate estate (GRE) if the estate received property as beneficiary?
Life insurance is an effective way to make a significant future donation, but the unfortunate reality is that charitable policies have a high lapse rate. Thousands of policies have been donated since 1979 when the Canada Revenue Agency allowed premiums to be receipted. Sadly too few pay out to fund…
The use of multiple wills for probate planning purposes has been part of the estate planning toolbox in Ontario for many years. The basic concept is straightforward. A separate will is prepared that governs those assets of the deceased for which the executors should not, based on current law and…
The majority of all dementia is of the Alzheimers type and it affects more woman than men. The ‘D’ word is the new ‘C’ word (cancer, shhhhh) and demystifying the ‘D’ word is what awareness is all about.
In a recent episode of the Starz TV show The Girlfriend Experience, an unusual estate administration issue arose (mild spoilers ahead). The show tells the story of Christine Reade (Riley Keough), a law student and intern who secretly moonlights as a high end escort in Chicago (a thinly disguised Toronto serves…
Recently, a fellow blogger wrote about the benefit of post-mortem pipeline transactions to avoid double tax on disposition of certain assets. Briefly, a pipeline transaction is a form of transaction whereby the assets of a corporation are distributed to shareholders utilizing the high adjusted cost base resulting from the capital…
A couple of years ago a survey revealed that only 18% of first time executors were aware of the first step in the administration of an Estate – locate the Will