Sebastien Desmarais

Total 54 Posts

Sébastien Desmarais is a Tax and Estate Planner at TD Wealth, Wealth Advisory Services.

Provincial Succession Law and Family Law

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One of the most interesting and challenging aspects of working in the trusts and estates field is how different the rules can be, not just internationally, but within our national borders. For example, this week I was chatting with my Quebec colleagues about Bill 56 – An Act respecting family law reform and establishing the parental union regime. It amends provisions of the Civil Code of Quebec (the “Code”) and….

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Family Conflict, International, Spouse, Succession Planning

Joint Ownership & Tax Considerations

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The benefits of joint property ownership as an estate and probate planning strategy are well known; property vests to the surviving owner(s) on death thus, bypassing the estate and avoiding probate fees. In the right circumstances, joint ownership works great and facilitates the succession of the property. However, what may be overlooked are the potential unintended tax consequences associated with joint ownership. Joint Ownership: Legal vs Tax For legal purposes,….

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Estate Planning, Joint Tenancy, Probate Tax, Resulting Trust, Tax Issues

RESP, Incapacity and Power of Attorney

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This article is written by Nicole Ewing, Principal, Wealth Planning Office, TD Wealth Parents and grandparents often help fund a child’s education using Registered Education Savings Plans (RESPs). These are tax-efficient vehicles that allow contributions, grants, bonds, and income to be invested in a tax-deferred environment to grow for eventual use toward post-secondary education. Generally, the parent/grandparent “subscriber” enters into an RESP contract with a “promotor” and names one or….

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Capacity Law, Estate Planning, Power of Attorney, RESP

Estate Administration and China

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This article discusses, at a high-level, estate administration in China and some considerations when someone inherit assets located in China. As mentioned in my previous article, planning for cross-border estate administration with China is complex thus, I must admit the information is general in nature and based on my personal experience. China’s Estate Administration When it comes to estate administration involving moveable or immovable property in China, one can assume….

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China, Estate Administration, Estate Administration and Probate Applications, Estate Planning, International

Can the CRA seize the proceeds of life insurance?

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An existing tax debt at the time of death can wreak havoc on the administration of an estate and can jeopardize the estate and insurance planning. This is because the Canada Revenue Agency (“CRA”) is not your typical creditor and has statutory powers to seize assets of the estate beyond what other creditors may seize. Personal Insurance If the insurance proceeds are payable to the designated beneficiary(ies) under the insurance….

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Estate Planning, Insurance, Tax Issues, US Taxes

This article is not about tax

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This article is written by Nicole Ewing, Principal, Wealth Planning Office, TD Wealth As an estates and trusts professional, I’ve certainly had my share of conversations about death, taxes, and all the in-between. I’ve discussed the pros and cons of various approaches, tools, and strategies. I’ve helped those who are all consumed by the planning process and others who could barely give a hoot. But this last year has given….

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Estate Planning
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