Laura West

Total 25 Posts

Reaffirmation of Testamentary Freedom in Ontario

A recent decision of the Ontario Court of Appeal, Verch Estate v. Weckwerth, reaffirms the autonomy of Ontario testators to distribute their estates as they wish provided that their statutory obligations are fulfilled. In this case, which was brought to my attention by a post on Lynne Butler’s Estate Law Canada blog site, a testator had executed a will that left nothing to his adult independent children but instead left….

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Estate Planning

Foreign Charitable Organizations

In previous blogs, I have written about the definition of “qualified donee” in the Income Tax Act (Canada). This definition is important for two reasons. First, in order for a gift made by an individual to qualify for charitable tax credits, the recipient must be a qualified donee. Second, under the Income Tax Act (Canada), registered charities are only able to make gifts (other than in the course of carrying….

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Estate Planning

Federal Non-Profit Corporations – Continuance Deadline is Approaching

Readers of this blog who are in some manner associated with federal non-profit corporations will likely already be aware that a new federal non-profit corporate statute, the Canada Not-for-profit Corporations Act or “CNCA”, was proclaimed into force on October 17, 2011. The CNCA does not automatically apply to existing federal non-profit corporations currently governed by Part II of the Canada Corporations Act or the “CCA”. CCA corporations will continue to….

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Estate Planning

Specificity Matters: Defining “Children” and “Issue” for Estate Planning Purposes

In a previous blog, I wrote about the need for specificity when drafting provisions that include a “spouse” of a particular person as a potential beneficiary of an estate or trust.

Attention is also needed to ensure that when a Will refers to terms such as “children” or “issue”, the persons included within these classes are those that the testator intends to benefit. This is particularly true in the current age, where there are an increasing number of different types of relationships and manners of having children…..

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Estate Planning

U.S. Estate Tax Debate Continues

As world attention appears to be increasingly focused on the economic news coming from the United States, and the various political debates in that country regarding deficit reduction and tax policy, I thought it would be interesting and timely to draw readers attention to a recent Reuters article that profiles a leader of the U.S. political movement to repeal estate taxes…..

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United States, US Taxes
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