TOSI and the estate planning – pension splitting

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The pension splitting exception will allow a spouse who is 65 years of age to split income with his or her spouse or common law partner if the split income would be an excluded amount of the spouse who is 65 years old. These deeming provisions provide an opportunity to split income with spouses if certain conditions are met. The following example shows how the pension splitting exception would apply:….

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Canada Revenue Agency, Estate Planning, Tax Issues

“Birds Do It, Bees Do It, Even Educated Fleas Do It, Let’s Fall In Love (Cole Porter)

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With Valentine’s day behind us, romance and sex continue to be alive and well. The baby boomers are getting older and while 60 has become the new 40, and 75 the new 60, healthy sex continues to be a favorite topic. However it may still be a subject that is often ‘under the covers’ and not comfortably discussed. Adult children don’t typically want to hear about the parent’s sexuality and….

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Elder Care

What is it you guys do anyway?

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Today’s blog is being brought to you by guest blogger, Betty Laidlaw, a law clerk in the Private Client Services group of Fasken LLP. When someone asks me what I do for a living and I answer, “I’m a law clerk”, I often get blank stares.  When I say “paralegal”, that is somewhat more understandable, but it is not accurate.  Even people in the legal profession don’t always know exactly….

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Estate Administration, Estate Administration and Probate Applications, Executors, Passing Of Trustees’ and Executors’ Accounts, Probate Tax, Wills

“It’s Not Fair”

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This blog was written by Isabelle Cadotte – Estate and Trust Consultant with Scotia Wealth Management If you have a child, you probably hear these words uttered ad nauseam. Whether it’s because little sis got to eat her grilled cheese sandwich with the crusts cut off or big bro gets to sleep over at his friend’s house overnight, the grass always seems greener on the other side of siblinghood. And,….

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Uncategorized

Clash of the Limitation Periods

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The Limitations Act, 2002, SO 2002, c 24, Sch B, brought order and clarity to limitation periods in Ontario. However, the Limitations Act did not displace all existing limitation periods established by statute. The Limitations Act carves out several exceptions, including the Real Property Limitations Act, RSO 1990, c L.15 and s. 38(3) of the Trustee Act, RSO 1990, c T.23 (see ss. 2(1)(a) and 19(1) of the Limitation Act)…..

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Estate Administration, Estate Litigation, Estate Planning, Executors, Family Conflict, Property, Real Estate, Spouse, Succession Planning, Trusts, Wills

Revocation of Wills

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In the recent case of Sokalski Estate (Re), 2019 ABQB 285, the deceased left two wills one in 2011 and the other 2017, without expressly revoking the earlier one. The estate applied to the Court for a determination regarding which document or documents form the deceased Mr. Sokalski’s last will. The applicant representatives of the Estate were the deceased’s sons.The respondents were the deceased’s daughters. The parties were unable to….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Investments, Uncategorized, Wills
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