November 2017

Estate and Trusts with Foreign Properties and/or Transactions: Update on Reporting Implications

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Sometime ago, I wrote that the Income Tax Act requires persons and partnerships to file information returns in respect of foreign property ownership (specified foreign property in excess $100,000) and transactions with non-residents . This extends to trusts and estates. Those who file such a return late or do not file one on demand are liable to a penalty or penalties. Generally speaking, a penalty starts at a minimum of….

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Canada Revenue Agency, Estate Administration, Executors, In the News, International, Investments, Property, Real Estate, Tax Issues, Trustee, Trusts, Uncategorized, United States

November is Make A Will & Power of Attorney Month

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My fellow bloggers and I write frequently about Powers of Attorney, however my concerns are often focused on the lack of planning when it comes to making Powers of Attorney for both Personal Care and Property. More specifically, although I do not have any statistical data, my subject matter experience tells me that people are more likely to have an attorney named solely for property than having both or only….

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Power of Attorney

Another Sibling Rivalry Gone Awry

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In my last few blogs I’ve focused my comments on succession planning topics for business owners. I’d like to continue with that theme by reminding business owners and their advisors about the need to ensure contractual arrangements that are intended to attach to property, are addressed and worked into the business owner’s Will plan.  I recently had the need to consider certain provisions in a shareholders’ agreement that prohibited the….

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Uncategorized

Spend-down Charitable Funds

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[caption id="attachment_5888" align="aligncenter" width="364"] The middle ground at Indian Battle Park, Lethbridge, Alberta[/caption] Until 2010, the disbursement quota provisions in the Income Tax Act mandated that charities handle donations in one of two ways: for immediate use or held as long-term endowments through the “10-year gift” capital hold mechanism.  These binary rules drove donor and charity behaviour.  The 2010 reforms provided charities with greater flexibility regarding the acceptance and use….

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Estate Planning, Philanthropy/Charitable Giving

Curtailing Frivolous Will Challenges

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In Seepa v. Seepa, the court called for a “culture shift” away from boiler plate, consent orders for directions, which are routinely granted in will challenges on the Toronto Estates List. Instead, the court will assess the quality of the allegations made by the applicant will challenger to make out “a minimal evidentiary basis to support the order for directions sought”. Estate litigators would be wise to sharpen their skills and revisit what it….

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Contested wills, Estate Litigation

Canada Pension Plan Survivor Benefits

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It’s no surprise that when one spouse dies there may be a sharp decline in household income suggesting some time is spent planning for the change.  A recent article (http://www.advisor.ca/tax/tax-news/shedding-light-on-the-cpp-survivor-benefit-241094?email=yes) shed light on the CPP survivor benefit that is both interesting and worthy of note. A survivor for purposes of the CPP death benefit includes a common law spouse.  A common law spouse’s claim takes precedence over the claim of….

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Estate Planning, Executors, Trustee, Uncategorized
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