What Makes an Indigenous Trust Unique?

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What makes an Indigenous trust unique from other inter vivos trusts? Two factors in particular are worth noting: (1) the nature and involvement of the beneficiaries of the trust, and (2) the manner in which Indigenous entities as settlors can utilize the income attribution rule under s 75(2) and their tax-exempt status under s 149(1)(c) of the Income Tax Act…..

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Canada Revenue Agency, Tax Issues, Trusts

Wishing You Time and Health for the Holidays

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Photo of matches, three tips burned, one matchstick burned, one whole with a leaf growing from it to represent hope from burnout.

There seems to be a frenetic pace in the days leading up to the end of the year. There are so many lists to complete for clients, gifts, parties, and family celebrations. We are also taking stock, thinking about the new year, and reflecting on the year that has passed. Many of us are also juggling caregiving for elderly parents or friends in addition to our work and family lives…..

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Elder Management, Smart Ageing

Human Reproductive Material and Your Estate

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP. One of the first thoughts people may have when starting to think about their estate plan is “who will inherit my estate?” It’s also an important question to ask clients when meeting to discuss their plans for their Wills. These days, it may not be as simple as saying “my children will inherit everything” because, who is considered….

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Estate Planning, Wills

A few considerations for estate planning for clients with Quebec-based assets living elsewhere in Canada.

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One of the joys of estate planning in Canada is that the law varies from province to province. Most of the country follows common law and we in Quebec follow the civil code. For those of you working outside of Quebec, you may encounter clients with assets in Quebec. With that in mind, here are some comments on the impact of Quebec-situated assets for clients living throughout the common law….

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Estate Planning

Update to Virtual Verification of Client Identity Requirements

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The ability to verify a client’s identity virtually which was introduced during the pandemic will continue, with some modifications. The updated by-law 7.1, which comes into effect in 2024, will allow a lawyer to verify a client’s identity virtually by using technology to confirm that the government-issued photo identification is valid and matches the client…..

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Practice Management, Retainer Agreement

Non-Resident and Rental Income – Not so Fast.

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When a non-resident of Canada generates rental income from a Canadian rental property, the tenant (or agent for the non-resident) must withhold 25% of the gross rental payment (unless a tax treaty reduces the withholding rate) and remit it to the Canada Revenue Agency by the prescribed date. It’s important to note that no deductions nor credits are permitted thus, the withholding is on the full rental payment. Rental Income….

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Estate Planning, Real Estate, Tax Issues, Trustee
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