Ðo STARs appear bigger in the Caribbean?

This Blog was written by: Gosha Sekhon   When I think of the Cayman Islands, I picture sandy beaches, warm temperatures, high-end lifestyles, and since it’s the dead of January, did I mention warm temperatures? More often the Islands are also seen as a tax haven, having never levied income taxes, capital gains taxes or a wealth tax.   What might come to mind less often when thinking of the….

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Uncategorized

Replacing an Estate Trustee

With minimal restrictions, a testator can appoint whomever they wish as their estate trustee.  However, as our avid readers may know, a testator does not always make the best choice.  In such cases, section 5 of Ontario’s Trustee Act gives the court the power to appoint a new estate trustee (or estate trustees), either in substitution for or in addition to the existing estate trustee(s). Justice Myers’ decision in Laski….

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Uncategorized

Settlement Payments Determinable After Death

The Canada Revenue Agency (CRA) was asked whether certain settlement payments are taxable in the hands of the deceased taxpayer where a taxpayer dies prior to obtaining a determinable right to the payments. A class action lawsuit was brought forth on behalf of former members of the Canadian Forces.  A 2013 Court Order outlined the terms of the settlement of the class action lawsuit, with the exception of one outstanding….

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Canada Revenue Agency, Estate Administration, Executors, Tax Issues

Dementia in Canada: Developing A National Strategy for Dementia-friendly Communities

“I can think of no other disease that places such a heavy burden on families, communities, and societies. I can think of no other disease where innovation, including breakthrough discoveries to develop a cure, is so badly needed.” — Margaret Chan, Director General, World Health Organization (Opening remarks at the First WHO Ministerial Conference on Global Action against Dementia, 17 March 2015) As January is Alzheimer’s Awareness month, I thought….

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Elder Care, Elder Law

Will Challenges and the Well – Acquainted Lawyer

Today’s blog was written by Jenna Ward, Articling Student, Fasken Martineau DuMoulin. A recent case of the Court of Appeal for Saskatchewan has emphasized the significance of first, the relationship between a testator and his or her lawyer and second, the experience and tenure of such lawyer in assessing testamentary capacity and by extension, in determining the validity of a will. Bachman v. Scheidt, 2016 SKCA 150 Bachman v. Scheidt….

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Contested wills, Credibility, Estate Planning, Family Conflict, Testamentary Capacity, Undue influence, Wills

Estate Donations = Faster Distributions

[caption id="attachment_4590" align="alignright" width="761"] Faster Distributions of Estate Donations[/caption] Matt Johnston, my tax colleague at Scotiatrust, says the 12-month tax filing deadline is upon us. The initial round of major distributions to charities will occur in January 2017 under the “estate donation” rules introduced in 2016. As mentioned in my previous blog, executors and their advisors are discovering that new rules create new procedures. And the new procedures may lead….

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Estate Administration, Estate Donations, Philanthropy/Charitable Giving
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