As the holiday season approaches, our thoughts naturally turn to gift-giving, festive gatherings, and the joy of spending time with loved ones. Amidst the holiday cheer, it is important to recognize the profound gift of peace of mind that comes with a well-considered estate and trust plan. While estate…
In Fanelli v. Fanelli-Bruno, 2023 ONSC 6501, Justice Myers provided clear direction on the principle of proportionality in litigation, and the ways in which it can influence a decision on costs. The decision The estate of Ms. Lina Fanelli, the mother of the Applicant and Respondent, was the subject…
When trustees distribute income of a trust to a non-resident beneficiary, they must be mindful of potential Canadian tax implications. Part XIII tax is a tax withheld at source when income is paid to a non-resident. For Canadian trust and estate purposes, Part XIII requires a non-resident beneficiary to pay…
This blog has been written by Darren Lund a partner at Fasken LLP. Marriage contracts and cohabitation agreements are an increasingly important aspect of estate planning and wealth preservation. They can be used for a number of reasons and in a variety of contexts. Think of the parents wishing to…
In Ontario, Bill 245, a large omnibus Bill, the Accelerating Access to Justice Act 2021 (AAJA) received Royal assent on April 19, 2021. It made amendments to many Ontario statutes. Schedule 9 of this Act made significant changes to the Succession Law Reform Act, R. S.O. 1990, c.S. 26 (SLRA)…
In Re James Estate, 2023 ONSC 6432, the Court considered whether a disbarred lawyer could act as the estate trustee of an estate.
When a trust makes a capital distribution to a non-resident beneficiary, the beneficiary is deemed to have disposed of a part or the whole of their capital interest in the trust.[2] Where the capital interest in the trust is “taxable Canadian property” (“TCP”),[3] the vendor of the TCP (i.e. the beneficiary who is deemed to be “disposing” of their interest in the trust) must apply for a clearance certificate from the Canada Revenue Agency (the “CRA”) under section 116, either in advance of the disposition or within 10 days of the disposition.
This article is the third in a series exploring the challenges people may face when they choose ‘aging in place’ at home. While health care and personal needs may be complex, the family members or attorneys may also have to manage the entire household. With the added complexities and potential…
With 6 weeks until the end of 2023, it is a good time to remind trustees of their obligations in respect of the trusts that they are responsible for managing and administering. Last year, I wrote a blog where I reminded trustees of discretionary trusts of the importance of documenting…
Student awards are one of the most popular charitable purposes, especially in estates. Donors often strongly identify with the life changing benefit of direct educational funding to students. Named scholarship funds are often named and constitute part of the donor’s legacy. Educational awards are such a popular purpose that there…