An Inconvenient Truth: Cross-border Estate Barriers for Non-Resident Executors

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Today’s blog comes to you from Student-at-Law, Derrick Raphael. As a new resident of Canada there are several issues that an individual must consider such as tax implications while residing in the country as well as one’s previous jurisdiction. Additional areas of interest regard how to manage assets, property and other investments when an estate needs to be distributed. Personally as a newcomer to Canada I had yet to think about….

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Estate Planning, Tax Issues, Uncategorized, United States, US Taxes, Wills

Cultural Property Tangle: Export v. Donation

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[caption id="attachment_6826" align="alignleft" width="425"] Gustave Caillebotte’s 1892 oil Iris bleus, jardin du Petit Gennevilliers[/caption] How can an export permit affect charitable giving? Quite easily if you are dealing with a foreign art work deemed “cultural property” under Canada’s Cultural Property Export and Import Act (CPEIA). A June 12 Federal Court of Canada decision on the export of French impressionist painting has reportedly frozen donations of “foreign” art to Canadian museums…..

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Philanthropy/Charitable Giving, Uncategorized

Where’s There is a Will (and a Clear One), There is a Way!

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In Campbell v Evert 2018 ONSC 593, the deceased had, in the decade prior to her passing, transferred to Mr. Evert (one of the “kids”) the family cottage valued at $145,000. In her will later that year,  she made a specific bequest of $145,000 to Ms. Campbell, the other “kid’, which was consistent with the value of the cottage at that time. Several years later and prior to her passing,….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Executors, Property, Real Estate, Testamentary Capacity, Trusts, Uncategorized, Wills

Celebrating New Beginnings

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Last Monday was Labour Day which signifies back to school and end of summer. It is a time of new beginnings, setting goals and starting new projects. Today is the first day of the Jewish New Year, another fresh start for those who celebrate. For many who may not attend synagogue, it may still be recognized and celebrated with family sitting down together for a festive dinner. Traditions continue and….

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Elder Care, Family Conflict, Uncategorized

“Duelling” Designations

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I was reminded this week of the need for advisors to consider more than division of property, support, and custody and access arrangements in the context of marriage breakdown. Taxation issues related to family residences which could qualify as a principal residence need also be considered.  One of the requirements that must be met in order for a particular property to qualify as a principal residence is that only one….

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Tax Issues

You Better Think – Who will be your Estate Trustee?

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Aretha Franklin, queen of soul, passed away on August 16, 2018 in Michigan, United States.  She leaves behind unforgettable songs, a vast estate, and no will.  It never ceases to surprise me when I hear about a celebrity dying without a will (i.e. intestate).  Sure, celebrities are people too.  But, intestate celebrities often leave behind multi-million dollar estates without specifying who will administer or inherit the estate.  As previously blogged….

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