January 2018

Moving to another Province? Update your Estate Plans

It is common for Canadians to move from one province to another. As part of such a relocation, financial planning and personal relationships are among two aspects of life that often change or evolve. The law applicable to a particular matter may also change depending on the province. The jurisdiction of the applicable law governing pension plan funds was at issue in Rehel Estate v Methot. The deceased died in….

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Uncategorized

Withdrawal of RRSP Over-Contributions After Death

When an annuitant of a RRSP makes over-contributions (or unused contributions) to his or her RRSP and wants to withdraw them without penalty, the Canada Revenue Agency (“CRA”) will permit the annuitant to withdraw the over contributions and claim a deduction accordingly, as long as the CRA can be shown that the annuitant intended to fully deduct the contributions in the year made or the year before, or the contributions….

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Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Tax Issues

A Directed Death

My first blog of the New Year  may be about death. But it is about having as good a death as possible- (in your own bed while asleep) and of your choosing…..A recent  blog was about  a fellow who wanted to ensure his dying wishes would be followed which involved tattooing ‘Do Not  Resuscitate’ on his chest.  DNR wishes, for me, apply when our health deteriorates or something unexpected occurs…..

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Elder Care, Elder Law

The New TOSI Rules from 30,000 Feet

As I noted in my last blog, the Minister of Finance released revised draft legislation and explanatory notes for proposed changes to the tax on split income (“TOSI”) on December 13, 2017. The new rules are an improvement on the original July 18, 2017 release, in that they have been simplified in some respects. Nevertheless, they remain complex and questions remain about their application. The devil, as they say, is….

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Uncategorized

2018: The Year of the Ultimate Limitation Period

All of us at AllAboutEstates hope you had a happy new year and will have an equally happy 2018. But 2018 must also be a year of vigilance: it is the last year that most historical claims (i.e. claims arising from events that occurred before 2004) can be brought before being forever barred under the ultimate limitation period. Lawyers must advise their clients to bring such claims promptly this year….

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Estate Litigation
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