Impasses between co-trustees, which are not uncommon, have serious results. They can lead to a standstill in the administration of a trust or estate, to the detriment of the beneficiaries. In those circumstances, the court may decide the issue and direct the trustees on how to move forward. Such was the case in Squillace v Sampogna…..
Application For Directions – Breaking The Impasse Continue Reading »
Estate PlanningThe Canada Revenue Agency (CRA) was asked if there was any change to their view regarding the application of the central management and control (CMC) test in establishing the residency of a trust for provincial income tax purposes in light of the decisions in Discovery Trust v. Canada and Boettger C. Agence du revenu du Québec.
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Provincial residency of a Trust Continue Reading »
Canada Revenue Agency, Estate Administration, Estate Litigation, Estate Planning, Executors, Tax Issues, TrustsFamily charitable foundations are often equally about the family working together as they are about charity. While the purpose of a foundation must be exclusively charitable, the founders’ hope is that future generations of family will have a place to work together and act on their values. But how, particularly in an estate plan, do founders keep a family foundation on course? One strategy is an independent director….
Strangers in Family Foundations Continue Reading »
Charitable Giving, Estate Planning, Philanthropy/Charitable GivingOne cannot be engaged in an estate planning practice without being asked “why do I need a Will”. For those living family members of the recently departed entertainer, Prince, the answer will, unfortunately become all too clear. According to numerous news reports, the iconic entertainer died without a Will. As a result, the surviving family, comprised of siblings and half-siblings, can expect the legal issues to carry-on for quite some time before their brother can truly rest-in-peace…..
I’LL GET TO MY WILL ON ANOTHER DAY… Continue Reading »
Estate Planning, WillsI teamed up with my fellow blogger Derek de Gannes to share important information needed for this tax season. According to Statistics Canada, twenty – eight percent of Canadians are providing unpaid care to a family or friend. We know that the cost of caring is high, both emotionally and financially. We thought that it would be helpful to include some tips and information regarding what goods and services might be eligible for a medical tax exemption or a non refundable tax credit…..
Tax Time Tips Continue Reading »
Canada Revenue Agency, Elder Care, Geriatric Care Management, Tax IssuesThe polarized perspectives on Physician Assisted Dying (PAD) mean that no matter where the Federal Government landed on the specific details of the implementation of the Carter v Canada decision, there would be a guaranteed outcry from one or both of the poles – those representing autonomy under the Charter of Rights and Freedoms and those concerned with the need to protect the vulnerable. There is certainly merit in the….
Carter v Canada: The prudent position of the Federal Government on mental illness Continue Reading »
Capacity Law