Brittany Sud

Total 43 Posts

Brittany Sud is a member of the Trust, Wills, Estates and Charities Group at Fasken, Toronto office. Brittany is developing a broad estates and trusts practice with a focus on planning and administration matters. As part of her practice, Brittany assists high net worth clients, entrepreneurs and professionals with Wills, powers of attorney, domestic contracts and trusts. She has experience developing and implementing cohesive estate plans that reflect the financial objectives and short and long-term goals of clients, including advising on probate planning, family business succession planning, asset protection strategies and disability planning. Brittany’s estate administration practice includes preparing applications for probate and administering the Canadian estates of non-residents. Outside of the office, Brittany enjoys playing softball and tennis, travelling and cooking. She is a dedicated volunteer of the United Jewish Appeal, Jewish National Fund, One Family Fund and Baycrest Foundation. Community Involvement • Host, Baycrest Foundation - Game Night for Baycrest, 2015 • Chair, Pitch for Israel Softball Tournament, 2014-2016 • Vice-Chair, United Jewish Appeal Young Lawyers Leadership Campaign Canvassing Team, 2016 Memberships and Affiliations • Member, Canadian Bar Association • Member, Ontario Bar Association - Trusts and Estates Law Section • Member, Ontario Bar Association - Young Lawyers’ Division • Student Member, Society of Trusts and Estates Practitioners (STEP) Canada

Occupation of the Principal Residence held in an Alter Ego Trust

The CRA was asked whether the fact that the spouse of the settlor/beneficiary of an alter ego trust inhabits the principal residence of the trust would taint the trust for the purpose of subparagraph 73(1.01)(c)(ii) of the Income Tax Act (“subparagraph 73(1.01)(c)(ii)”). The CRA’s response was favourable. It explained that this is a question of law and fact. However, as long as the terms of the trust satisfy the conditions….

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Tax Issues, Trusts, Wills

Latin Terms, “Per Stirpes” and “Per Capita”, Still Present in Wills

Estate planners commonly use the Latin term, “per stirpes”, when drafting wills, but most lay people have no idea what the term even means. This arcane term differs from the less commonly used, but still present, Latin term, “per capita”.  It is important to understand the difference between these two terms in order to draft a will in accordance with a testator’s intention, as well as be able to explain….

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Estate Planning, Uncategorized, Wills

Canadian Snowbirds Buying U.S. Property

Canadian snowbirds flock to Florida to assess the damages caused to their vacation homes following Hurricane Irma. For those who find their homes destroyed by the powerful storm, they may wish to buy new properties altogether.  There are various ways to buy a vacation property in the U.S. and things to keep in mind. Canadian residents who are Non-Resident Aliens of the U.S. (individuals who are not U.S. citizens or….

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In the News, Real Estate

Morneau Stands Firm on Tax Proposals

Minister of Finance Bill Morneau (“Morneau”) met with small-business owners in British Columbia earlier this week to hear their complaints about and concerns with the tax proposals which were launched on July 18, 2017. With a consultation process of only 75 days, doctors, farmers, small business advocacy groups and various professional associations have been quickly digesting the significant proposed changes and making their views known about the negative impact these….

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Tax Issues

The Ontario Estate Information Return – An Estate Trustee’s Nightmare

As of January 1, 2015, a Regulation under the Estate Administration Tax Act, 1998, O Reg 310/14 requires estate trustees to give an Estate Information Return to the Ministry of Finance within 90 calendars days of a certificate of appointment of estate trustee (“Estate Certificate”) being issued. The Estate Information Return requires disclosure of a comprehensive list of information about the deceased person, including “a complete list of the assets….

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Estate Administration, Executors

Advertising for Creditors Just Became Easier in Ontario…Officially!

Last year, a fellow blogger and colleague blogged about “NoticeConnect”, a service to advertise for creditors, which has been thought to be sufficient protection for estate trustees in Ontario. Last month, the Ontario Superior Court of Justice in the Mills v Dale judgment approved this service as an appropriate method to notify creditors and afforded liability protection under s. 53(1) of the Ontario Trustee Act (“Trustee Act”) to the estate….

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Uncategorized
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