It’s not uncommon for a trust or an estate to have a non-resident beneficiary. When such a situation arises, trustees should consider whether Part XII.2 tax applies. Essentially, Part XII.2 imposes a 40% tax on the non-resident beneficiary if the trust or estate earns designated income that would, if earned…
After 408 blogs, I have decided to stop blogging with allaboutestates. I want to thank the wonderful readers for all of your thoughtful comments and appreciation for the many years I have been contributing. The work we do at Elder Caring is wonderful, meaningful, challenging and I can say, from…
Pictured: Some myosotis flowers; colloquially known as “forget-me-nots”. I thought these would be appropriate for this blog post. In the estate planning world, we often see clients who want to be remembered for generations to come. For example, this could be through establishing a charitable gift, trust or foundation in…
Today’s post was written by Diana Leopardi – Estate and Trust Consultant at Scotiatrust. What can be worse than having a Will that does not reflect your wealth transfer wishes…that is, not having a Will at all! Suppose you have a Will in place, it is prudent to ensure that…
Today’s blog was written by Jonathon Vander Zee, student-at-law at de VRIES LITIGATION LLP The original copy of a last will and testament is lost and cannot be found… now what? Losing an original copy of a will does not necessarily mean that it is no longer legally binding or…
Many older people are choosing the option of ‘aging in place’ at home, and as they age, some will have complex health care and personal care needs. To effectively plan for care and manage the care journey, the person responsible for managing their care will need easy access to secure…
It is important to consider estate planning objectives when entering into real estate transactions. For example, a client may intend to retain control of real property in that they intend to be able to dispose of it on death. However, if the relevant estate planning objectives are not identified and…
This post is written by Alicia Mossington, Estate and Trust Consultant with Scotiatrust. Individuals have considerable testamentary freedom in Ontario (and other provinces). The ability to distribute an estate how you choose, is a common law principle that is deeply entrenched. In Ontario, and most provinces, the court has limited…
Today’s blog was written by Jonathon Vander Zee, student-at-law at de VRIES LITIGATION LLP What happens when the right of survivorship in a property is gifted, but the donor then severs the joint tenancy of that same property? This was exactly the case in Jackson v. Rosenberg, 2023 ONSC 4403….
