March 2017

The New World of Posthumous Conception

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The All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016, S.O. 2016, c. 23 (the “Act”), received Royal Assent on December 5, 2016, and the provisions of the Act discussed in this blog came into force on January 1, 2017. The Act introduces a new regime for determining parentage in Ontario, primarily through substantial amendments to the Children’s Law Reform Act (“CLRA”) and the Vital Statistics….

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Uncategorized

Endowments and Perpetuity

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“Is perpetuity 21 years?” asked a charity colleague.  “No, it’s forever, until the end of time, or as long as we collectively exist,” I answered.  Despite my pedantic response, the question is a good one because it underscores the inherent meaninglessness of the phrase “in perpetuity” in relation to charitable endowments. My colleague’s charity was reviewing its endowment policy and having an internal debate about the term of funds.  One opinion….

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Philanthropy/Charitable Giving, Uncategorized

Can a Drunk Clearly Consent?

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By now many are familiar with the story reported in the National Post on March 2, 2017 by Ashley Csanady and the subsequent public outrage and calls for appeal in the Nova Scotia acquittal of a case of alleged sexual assault of a young woman intoxicated in the back of a taxi. For those unfamiliar with the story, a police officer had found the female complainant naked from the breasts….

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Capacity Law, In the News

CHARITABLE GIFTS AND GRADUATED RATE ESTATE DESIGNATIONS: CAN YOU GIFT BEFORE YOU DESIGNATE

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Assume Mr. X died in early 2016. Mr. X’s estate appears to meet all of the requirements to be a graduated rate estate (“GRE”), except the 1st return has not been filed as yet to formally designate it a GRE. The estate made a charitable donation in early 2017; at the time of the donation, the estate had not met all the requirements of the GRE definition in the Income….

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Canada Revenue Agency, Charitable Giving, Estate Administration, Estate Donations, Estate Planning, In the News, Property, Tax Issues, Uncategorized

How This Budget Cares

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Caring for our loved ones while satisfying and fulfilling can be expensive both emotionally and financially.  Understanding needs, costs and tax relief are all important to saving money. Today’s blog provides some caring highlights from the 2017 Federal Budget. Three current tax credits have been replaced with the proposed Canada Caregiver Credit. This non refundable credit applies to caregivers whether or not they live with their family member, and help….

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Canada Revenue Agency, Caregiving, Dependant Support, Disability, In the News, Tax Issues

Estate Lawyers: Did our Invitation Get Lost in the Mail?!

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Today’s blog was written by Jenna Ward, Articling Student, Fasken Martineau DuMoulin LLP. When clients plan engagement parties, weddings, baby showers or divorce parties (yes, divorce parties are becoming increasingly common) they may not think to invite their estate lawyer. Understandable. However, the unfortunate result may be that such life events impact estate planning in an undesirable way or even revoke estate plans completely. We recently encountered such a situation….

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Estate Planning, Family Conflict, Wills
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