March is Fraud Prevention Month

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This Blog was written by Kimberley Ling, Scotia Wealth Management This past weekend I watched the movie ‘I Care a Lot’- very timely and relevant as March is Fraud Prevention month. In this fictional movie, the main character runs a disturbing guardianship business that preys on wealthy seniors, taking control of their assets and locking them in nursing homes with no contact to the outside world. The movie gives a….

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Death Benefit Payments

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The Canada Revenue Agency (CRA) recently released a translated technical interpretation with helpful guidance on the tax treatment of a death benefit payment in certain specific situations. A death benefit is income of either the estate or the beneficiary who receives it. Up to $10,000 of the total of all death benefits paid (other than CPP or QPP death benefits) is not taxable. The CRA had the following to say….

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Canada Revenue Agency, Estate Planning, Executors, Small Business, Tax Issues

Dude, Where’s My Car? – How to Transfer the Ownership of a Deceased Person’s Vehicle to a Beneficiary in Ontario

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More often than not, we come across the following question from an Executor: How do I transfer the ownership of the deceased’s vehicle where the deceased specifically named a beneficiary in the Will? This seems like a fairly simple process but as I’ve learned over time, nothing is as simple as it seems. This can be a time consuming and frustrating process for the Executor. Please note that for the….

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Estate Administration, Estate Planning, Executors, Wills

One in Ten: Why Bequest Donors Don’t Inform Charities

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One in ten.  That, according to charitable sector studies, is how many estate donors inform the charities in their will of their intentions.  While this ratio varies by charity it underscores a fascinating paradox.  Bequest donors trust charities enough to make them beneficiaries of their estate, but they don’t trust them enough to tell them in advance. The Paradox This paradox is frustrating for charities.  Charities spend a lot of….

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

Court of Appeal for Ontario Dismisses Moot Guardianship Appeal

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In Hernandez v. Hernandez, 2021 ONSC 106, the Court of Appeal for Ontario considered the issue of whether litigation involving the personal care of a person is rendered moot after that person dies. In 2017, Cheri Hernandez commenced an application seeking an order terminating the authority of her brother, Norman Hernandez, to act as the guardian of personal care of their mother, Anna Hernandez. Cheri’s application was dismissed in 2019….

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Guardianship
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