Malcolm Burrows

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Malcolm is a philanthropic advisor with over 30 years of experience. He is head, philanthropic advisory services at Scotia Wealth Management and founder of Aqueduct Foundation. Views are his own. malcolm.burrows@scotiawealth.com

Estate donations that don’t get made

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[caption id="attachment_19892" align="aligncenter" width="554"] The Sleeping Gypsy, Henri Rousseau, 1897, Museum of Modern Art[/caption] John Quinn was a corporate lawyer and Wall Street titan.  A bachelor known for his many lovers, Quinn was also America’s first great modern art collector and tireless public champion.  He was a friend of literary and art legends like Picasso, WB Yeats, and Joseph Conrad. Quinn died in 1924 of cancer with an 8-year-old Will.  He was 54.  His….

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Estate Donations, Philanthropy/Charitable Giving, Uncategorized

An Estate Donation of a Company  

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[caption id="attachment_19850" align="aligncenter" width="471"] Donor Miriam Bergen’s photo is held by her niece, Doris Geitz. (CBC)[/caption] On Giving Tuesday last month, The Winnipeg Foundation announced a $500 million estate donation from a local donor, Miriam Bergen.  The donation is of two companies.  Appleton Holdings Ltd., which owns Edison Properties, which in turn holds 27 rental apartment and commercial buildings in Winnipeg. The donor’s wished that her 200 employees “retain their….

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Estate Donations, Philanthropy/Charitable Giving, Uncategorized

Direct Designation Estate Donations

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A direct designation gift of RRIF or life insurance proceeds is an estate donation, but lawyers and executors have little or no role to play. Normal procedural and disclosure rules don’t apply. How do charities ensure they receive their intended gift? How does the estate receive its tax receipt? Direct Designation Donations Deemed or direct designation gifts were introduced in the Income Tax Act in 2000 to address a fairness….

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Charities Lawyers Don’t Recommend

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I recently spoke to an estate lawyer who told me she would never recommend certain charities to clients. Why?  Because of the way these charities treated estate trustees. Some charities are unduly litigious, grind on fees, and are obstreperous about releases. It’s not the first time I’ve heard this comment from estate professionals – and some traumatized lay executors and family members. Sympathy for Charities It’s hard to evaluate the….

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Estate Administration, Estate Donations, Philanthropy/Charitable Giving, Uncategorized

Illiquid Assets and Estate Donations

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Tax relief for an estate donation cannot be claimed until the property is transferred to a charity.  No tax receipt; no tax credits.  If the distribution is after 60 months after death of the donor there is no tax receipt at all.  But what if the estate has illiquid assets that can’t easily be monetized, but may, possibly, be transferred in-kind to a charity? Extended claim period Formally, the tax….

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Estate Administration, Estate Donations, Estate Planning, Philanthropy/Charitable Giving

Estate Donations: Six Years Later

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The 2016 introduction of the Graduated Rate Estate (GRE) regime was accompanied by the “estate donations” rules. These Income Tax Act provisions altered the administrative and tax treatment of gifts by will, as well as direct designation gifts of life insurance, RRSP/RRIFs, and TFSAs.   How are charities and executors managing with these rules six and a half years later? I’d say the experience is mixed. Estate Donation Features Let me….

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Estate Administration, Estate Donations, Philanthropy/Charitable Giving, Uncategorized
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