“Net Value” and the Spouse’s Preferential Share On An Intestacy

Is the payment and discharge of a mortgage from the proceeds of a mortgage insurance policy to be taken into account in determining the “net value” of the estate for the purposes of determining a spouse’s preferential share? That was the question before the court in the recent case of Re Estate of Richard Lewis Crane. The deceased, Richard Lewis Crane (the “Deceased”), died intestate. He was survived by his….

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Estate Litigation

TRANSFER OF PROPERTY FROM PERSONAL TRUST TO BENEFICIARY

Recently, the Canada Revenue Agency (“CRA”) was asked to comment on a scenario involving a transfer of real estate from a Personal Trust to a beneficiary where the beneficiary also assumed a mortgage on a property. In past interpretations, the CRA noted that the transfer of assets from the Trust at cost may be restricted where a portion of the property is received in settlement of a debt due from….

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Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Investments, Liability, Property, Real Estate, Tax Issues, Trustee, Trusts

When Charities Die

Contrary to public perception, it is quite common for charities to die.   The majority of charities are small, volunteer-run entities and some run out of steam and are deregistered.  Since 2011, over 7,536 charities have had their status revoked by Canada Revenue Agency for reasons ranging from exhaustion and mergers (which produce voluntary revocations), failure to file the annual return, or cause. What happens when there is a gift by….

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Estate Administration, Estate Planning, Philanthropy/Charitable Giving

NOT ALL RDSPs ARE CREATED EQUAL

My colleague, Katie Ionson, previously blogged about the new RDSP Income Tax Information Circular IC99-1R1, which the CRA released on February 10, 2016. The Circular contains useful guidance on a number of issues, including the requirements for an RDSP to be registered under the Income Tax Act (“ITA”). While some RDSP features are mandatory, other features are optional and are only available if the issuer has chosen to include them….

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Estate Planning

Strengthening Caregiving in Challenging Times

In our current economic climate cutbacks for supportive care for seniors is seeing increased responsibilities being shifted onto family members and “informal caregivers”. The term “formal” care providers refers to persons who are financially remunerated to care for a person. This can include professionals such as doctors, nurses, social workers, support workers, case managers, speech language pathologists, physical therapists and occupational therapists…..

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Elder Care, Geriatric Care Management
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