Further to my last week’s blog on ‘getting ready for the final scene’, my lovely 94 year old client died this past Saturday. I really can’t say it was a peaceful death as it seemed to be a very long and difficult journey. She could no longer eat or drink and as she was only 90 pounds when she entered the hospital, she seemed to have shrunk considerably. She could….
The Final Goodbye Continue Reading »
CaregivingToday’s blog comes to you from Student-at-Law, Jake Woloshyn In the 2018 Ontario Superior Court of Justice case, Canada Without Poverty v AG Canada, 2018 ONSC 4147 (Canada Without Poverty), Morgan J. held that the Canada Revenue Agency (CRA) interpretation of the ‘substantially all’ condition in s. 149.1(6.2) of the Income Tax Act (ITA) – an interpretation that requires a charitable organization to use substantially all (no less than 90%)….
This Blog was written by: Alicia Godin, Estate and Trust Consultant, Scotiatrust A Registered Education Savings Plan (an “RESP”), is a type of tax deferred savings plan that parents, grandparents and other adults can open to save for the cost of a beneficiary’s post-secondary education. The beneficiary of an RESP is often a child or grandchild. I have recently had a number of questions about what happens to an RESP….
Have You Considered Your RESP in Your Estate Plan? Continue Reading »
Estate Administration, Estate Planning, Executors, RESP
“The ghosts of dissatisfied testators,” a Chancery judge once noted, “Wait on the banks of the Styx for the judges who misconstrued their wills.” As such, the court will take great care to ensure that wills are properly interpreted, even if they are oblique or confusing. This was the situation in Estate of Stanley Moore v. Moore, 2018 ONSC 6420 where the court had to choose between four different interpretations….
Interpreting “Per Stirpes” In Ambiguous Wills Continue Reading »
Estate LitigationThe Canada Revenue Agency (CRA) provided guidance on when a testamentary trust is considered to have been created for purposes of the 21 year deemed disposition rule. A trust is deemed to have disposed of its capital property for proceeds equal to the fair market value of the property at the end of the deemed disposition date and to have re-acquired the property immediately after the day for an amount equal….
Creation of a Trust Continue Reading »
Canada Revenue Agency, Estate Planning, Executors, Tax Issues, WillsWhile the majority of my work is assisting with the living process, these past few week has been occupied with planning for the dying process. I am currently working with two wonderful ladies who have both been assigned palliative care physicians. One who is lucky enough to be home and the other is currently in the hospital. One had been recovering from a catastrophic stroke and was sent home and….
Getting Ready for the Final Scene Continue Reading »
Elder Care