Time Matters in Philanthropy

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SickKids Foundation’s year-end giving campaign has generated a lot of attention for its gripping “Vs” spots. Skillfully edited, the ad borrows fight, hip-hop and adventure movie imagery to dramatize the plight of the hospital’s young patients.  This campaign is highly effective and a great example of visceral, urgent annual fundraising.  Raw emotion has a place in charitable giving, but it doesn’t serve large “exceptional” donations at tax year-end and in….

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Estate Donations, Philanthropy/Charitable Giving

Charitable Donation Tax Credits – When Can They Be Utilized?

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Many individuals make donations to charities in their Wills. Not only does this fulfill philanthropic goals, but it also provides a tax benefit. Making a charitable gift by will provides donation tax credits which can be used to offset the deemed disposition of capital property that occurs on death…..

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Estate Planning, In the News, Wills

Credibility is in the Eyes of the Judge

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I previously blogged about the presumption of resulting trust, which applies to gratuitous transfers between a parent and an adult child (equity presumes a bargain, and not a gift).   Rebutting the presumption of resulting trust (i.e. proving that the parent intended to make a gift to the adult child) often comes down to a matter of credibility – can the witness be believed? The British Columbia Court of Appeal has recently reminded….

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Credibility, Deference, Estate Litigation, Family Conflict, Resulting Trust

The OPGT and the Case of the Missing Estate Trustee

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As regular readers of this blog well know, not everyone dies with a will. When this happens, the Succession Law Reform Act (Part II) sets out who are the beneficiaries of the estate, while the Estates Act (section 29) ranks in order of priority who may apply to be estate trustee. This statutory system works well, until no one wishes to step into the role of estate trustee. When that….

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Estate Administration, Estate Administration and Probate Applications, Executors, Family Conflict
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