New Privacy Legislation Aims to Address Digital Assets in Estate Administration

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Practitioners and clients alike have come to realize that there can be numerous legal challenges to administering a testator’s digital assets, including, among them, ambiguous or restrictive privacy legislation. For most Canadian provinces,[1] the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) does not appear to grant executors, trustees, or personal representatives any powers or capabilities with respect to the disclosure of a testator’s personal information. However, in November 2020,….

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Contracts, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, In the News, Power of Attorney, Property

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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Uncategorized

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
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