The Chronicles of an Estate Plan: The Settlor, the Kids and the Cottage

Alter-ego and joint-spousal[1] trusts are inter-vivos trusts commonly used in estate plans to hold legal title of assets for the benefit of the individual and/or their spouse, prior to death, accomplishing some of the following benefits: avoiding probate, providing privacy, expediency of inheritance distribution, and minimization of legal challenge on estate assets. Tax deferred transfer The transfer of assets to these trusts are accomplished on a tax-deferred basis by relying….

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Canada Revenue Agency, Cottage, Estate Planning, Tax Issues, Trusts

Does This Sound Familiar?

Son:     Mom, turn a light on, it’s getting dark outside. Mom:   It’s ok, I’ll just sit here in the dark.   Son:     Mom, it’s cold and raining outside.  I will call a taxi for you. Mom:   It’s senior’s day at Shoppers, I will take the bus.   Son:     Now that dad has passed away, this big old house must be getting a lot to handle. Do you think we could….

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Caregiving

Charitable Gifts on Death: Who can Claim the Donation Tax Credit?

Today’s blog is being written by Jonathan M. Charron, senior associate at Fasken’s Montréal office.   The tax rules applicable to charitable gifts on death have changed considerably since 2016. These new rules aim inter alia at providing more certainty as to the tax treatment of such gifts and more flexibility in terms of who, between a deceased and his or her estate, can actually claim a donation tax credit….

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Uncategorized

No Signature, No Problem

In Bishop Estate v. Sheardown, 2021 BCSC 1571, the Supreme Court of British Columbia gave effect to a Will the testator had failed to execute before her death. Facts: Marilyn Bishop died in British Columbia in the summer of 2020 at the age of 76. She had a prior Will signed in 2014, which named her husband as her executor and primary beneficiary, and in the event he predeceased her,….

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Contested wills

“I’ve signed my Will…now what?”

You’ve met with your client for a final signing meeting. They can breathe a sigh of relief – their Will (or Wills) and Powers of Attorney are done! I have bad news – the process isn’t quite done yet. Of course, you will prepare a reporting letter,  send your final account, and, if you store original documents, ensure the documents are safely stored and that your database is updated accordingly…..

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Wills

Understanding the Unique Issues Facing the Older Queer Generations

This Blog was written by: Hannah Zip, Estate and Trust Consultant, Scotia Wealth Management  (Authors Note: this post was inspired by a presentation delivered by the Queer Seniors of Saskatchewan, and a big thank you goes to that advocacy group for sharing their personal experiences and stories to raise awareness of senior queer issues. The term “queer” is used interchangeably with “LGBTQ2S+” for brevity purposes only.) Some of us might….

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Estate Planning
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