Capable adults are free to enter into a contract with one another. Once entered into, the contract is binding on the parties (exceptions apply) and they may ask the court for assistance enforcing the terms of the contract. Different rules apply to contracts entered into by minors (in Ontario, the…
With the filing deadline for trust tax returns fast approaching, it is a good idea to take a look at some recent tax news which may be of some interest to executors. The Canada Revenue Agency (CRA) was recently asked their view on whether a beneficiary of an estate has…
In my previous blog I looked at the revised rules for the tax on split income, or “TOSI”, that were released on December 13, 2017. In that blog I noted there are special rules that apply in respect of income and gains on property that is acquired as a consequence…
In law, expressed choices are not necessarily a reflection of capable decision making. For example, regarding testamentary capacity, the Ontario Court of Appeal in Hall v. Bennett Estate (2003)[i] stated in paragraphs 15 and 16 that it is not sufficient simply to show that a testator had the capacity to…
Generally, when an annuitant of a Registered Retirement Savings Plan (“RRSP”) or a Registered Retirement Income Fund (“RRIF”) dies, the Canada Revenue Agency (“CRA”) will consider that the annuitant received, immediately before death, an amount equal to the fair market value (“FMV”) of the property held in the RRSP or…
Let’s take a moment to consider one of the biggest health crises that we will be facing over the next several years. A health diagnosis that not only robs people of their memories but a health crisis that can destroy families. Without planning, I fear it may also bankrupt our…
There has been much case law surrounding the difficulties that may arise when a parent and adult child are joint tenants with respect to real property. In the Ontario Court of Appeal (the “Court”) decision, Jansen v. Niels Estate[1], the Court was faced with the issue of whether Theadora Niels’…
This article was co-authored with Ronald Neal, student-at-law. In its recent decision of Cowper-Smith v. Morgan, 2017 SCC 61, the Supreme Court of Canada expanded the application of the doctrine of proprietary estoppel to find that a person can be bound to fulfill a promise she makes in respect of…
As tax and estate planning goes, advisors look for signs of things to come and events to happen. We have started to hear rumblings about rising interest rates perhaps suggesting some action may be required where prescribed rate loans are involved. Last week I was alerted to the fact the…
While employed family caregivers (over age 60) in Hawaii are now eligible to receive a $70 per day stipend to pay for additional care support for a family member, we have something different. As of December 3, 2017 there was a new EI Family Caregiver Benefit which provides for “eligible…
