The perils of home purchase loans

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Executors and personal representatives are tasked with making sure the deceased’s tax obligations are properly dealt with out of the deceased’s estate. An issue that may arise in the course of dealing with the obligations is how to deal with loans and advances from a private company. The Canada Revenue Agency (CRA) recently shared its view on the application of a tax rule to a home purchase loan from a private….

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Canada Revenue Agency, Estate Planning, Executors, Tax Issues

Celebrating 100 Years Young

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Last week I had a pleasure of attending the 100th birthday of one of my (favourite) clients.  She is one of the lucky ones as she still lives in her own home and is able to afford 24/7 care.  She has a wonderful care team who have been consistently providing care to her for over 4 years.  They were initially providing a few hours a day and over the years,….

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Elder Care, Geriatric Care Management

Difference Between a POA and an SDM

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Written by Fatima Husnain, student-at-law at Fasken Martineau DuMoulin LLP Prior to law school, I worked in a hospital inpatient mental health unit. Many of the patients were unable to make their own health care decisions and relied upon other individuals to make decisions on their behalf. If anyone had asked me at that time what a power of attorney for personal care (“POA”) was, I could not have answered…..

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Uncategorized

Wine and Estate Planning

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I recently went looking for information to assist wine and spirit collectors with their estate planning. To my surprise there is little material online.  It’s easy to uncovered truth by drinking wine – “in vivo veritas” – but much harder to find a comprehensive Canadian resource about estate planning for collectors. After meditating on this paucity over a bottle of Okanagan pinot noir that I found in my cellar (well,….

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Estate Administration and Probate Applications, Estate Donations, Estate Planning, Uncategorized

Celebrity Estates – Not Immune from the Trials and Tribulations of Estate Planning and Litigation

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With TIFF in full swing, celebrity worship is in overdrive. However, celebrities also deal with the mundane and there is often nothing glamorous about their estates. In fact, like the rest of us mere mortals, celebrities do not have a lock on getting things right. So often, there is so much money sloshing around, coupled with the absence of a properly drawn will, that estate fights are inevitable. Michael Jackson’s….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Family Conflict, Fiduciary Professions, Interest, International, Succession Planning, Tax Issues, U.S. Citizen, United States, US Taxes, Wills

DEEMED TRUST: TAX DEBTS AND PROCEEDS OF INSURANCE

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In Canada (A.G.) v Nortip Development 2019 NLCA 34, a company fell behind in remitting payroll withholdings and related amounts for several periods over a two-year period to the Canada Revenue Agency (“CRA”). Around the same time, a property with a mortgage owned by the same company, was destroyed by fire. A portion of proceeds of insurance on that property (equal to the amount owed to the CRA) were claimed….

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Canada Revenue Agency, Property, Real Estate, Small Business, Tax Issues, Trusts, Uncategorized
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