RESPs, Trusts, and You

A Registered Education Savings Plan (“RESP”) is a cost-effective way of saving money for a child’s future post-secondary education. The concept of the RESP raises the question of who actually owns the funds therein. Is it the parent who contributes to the RESP (the “subscriber”) or the child for whom the RESP was created in the first place (the “beneficiary”)? According to Justice Faieta in Labatte v Labatte (“Labatte”), the….

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Multigenerational Succession Planning; The Hilton Family As An Example

Overview We frequently hear the notion that the largest wealth transfer in modern history is commencing.  With that, clients increasingly share their objective of multi-generational, or dynastic, planning.  For me, as an estate planner, an immediate question arises, namely “How can we assist in accomplishing this objective?  Evidently, a goal is their family’s success for years to come; how can we structure their estate plan to promote the financial protection,….

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NEWMAN’S OWN FOUNDATION – NOT NEWMAN’S OWN INTENTIONS?

This blog was written by Danna Fichtenbaum Headlines were abuzz last week detailing claims issued in Connecticut state court by two of the daughters (the “Daughters”) of Paul Newman – actor and creator of the Newman’s Own food brand – that Newman’s philanthropic endeavour, Newman’s Own Foundation (the “Foundation”), is failing to fulfil the now-deceased Newman’s charitable intentions. The Foundation benefits from the sale of products under Newman’s brand, Newman’s….

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Estate Trustee Compensation – Discretionary Factors

Estate trustees are entitled to seek compensation for their work. Unless an exception applies, the court will exercise its discretion to determine the amount…..

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Attorney Compensation, Compensation, Estate Administration, Estate Litigation, Executors, Family Conflict, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Compensation, Trustee Disputes

Beneficial ownership reporting – beware of penalties

Proposed regulation subsection 204.2(1) of the Income Tax Act (ITA) introduces a requirement for all trusts, that are required to file a return of income, to provide additional information[1] for each person who, in the year, is a trustee (or protector[2]), beneficiary or settlor[3]. This additional information includes: name, address, date of birth (in the case of an individual other than a trust), and jurisdiction of residence and taxpayer identification….

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Canada Revenue Agency, Trustee

Anything New with Passing of Accounts?

Much has been written about the significant changes to the Ontario court probate forms and processes that came into effect on January 1, 2022, and more recently the July 1, 2022 amendments.  But, is there anything new with passing of accounts? Surprisingly, there have been no changes to the court rules and forms regarding passing of accounts since January 1, 2016.[1]  You may recall some of the 2016 changes, which….

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Estate Administration
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