Some recent technical interpretations from the Canada Revenue Agency (“CRA”) remind us that tax free rollover of retirement plans have to be carefully planned and executed to get the desired result. Here are a couple of cases in point: Rollover of a Registered Pension Plan (“RPP”) to an infirm dependent…
Tomorrow is the last day of Alzheimers Awareness Month in Canada. Over the last several years I have shared many blogs on the crisis of dementia. It is a disease that impacts everyone and with science helping us to live longer, we need to appreciate that for some, they may…
The disposition of a loved one’s personal and household items can be a source of disagreement and upset among family members during an already emotional time. There is much that the estate planner and his or her client can do to minimize any discord that might arise during this process….
This Blog was written by: Gosha Sekhon When I think of the Cayman Islands, I picture sandy beaches, warm temperatures, high-end lifestyles, and since it’s the dead of January, did I mention warm temperatures? More often the Islands are also seen as a tax haven, having never levied income…
With minimal restrictions, a testator can appoint whomever they wish as their estate trustee. However, as our avid readers may know, a testator does not always make the best choice. In such cases, section 5 of Ontario’s Trustee Act gives the court the power to appoint a new estate trustee…
The Canada Revenue Agency (CRA) was asked whether certain settlement payments are taxable in the hands of the deceased taxpayer where a taxpayer dies prior to obtaining a determinable right to the payments. A class action lawsuit was brought forth on behalf of former members of the Canadian Forces. A…
“I can think of no other disease that places such a heavy burden on families, communities, and societies. I can think of no other disease where innovation, including breakthrough discoveries to develop a cure, is so badly needed.” — Margaret Chan, Director General, World Health Organization (Opening remarks at the…
Today’s blog was written by Jenna Ward, Articling Student, Fasken Martineau DuMoulin. A recent case of the Court of Appeal for Saskatchewan has emphasized the significance of first, the relationship between a testator and his or her lawyer and second, the experience and tenure of such lawyer in assessing testamentary…
Matt Johnston, my tax colleague at Scotiatrust, says the 12-month tax filing deadline is upon us. The initial round of major distributions to charities will occur in January 2017 under the “estate donation” rules introduced in 2016. As mentioned in my previous blog, executors and their advisors are discovering that…
I previously blogged about Roulston v McKenny et al, 2016 ONSC 2377, as a classic example of chutzpah. The deceased’s ex-wife had a claim against his estate if a life insurance policy lapsed. Even though the estate trustee knew that the policy had lapsed, she withheld this information from the…