Fasken LLP

Taking Back Control of Real Property

• • 0 Comments

It is important to consider estate planning objectives when entering into real estate transactions. For example, a client may intend to retain control of real property in that they intend to be able to dispose of it on death. However, if the relevant estate planning objectives are not identified and considered at the time of the transaction, other goals may be prioritized instead; this may result in the structure of….

Taking Back Control of Real Property Continue Reading »

Estate Administration, Estate Planning, Property, Real Estate

What Happens if Something Happens to your Executor? – Part Two

• • 0 Comments

It is very difficult to plan for every possible scenario when you are drafting your will. Not only is it important to consider who to name as your executor, but you also need to think about what would happen if something happened to your executor. In an earlier blog, I looked at what happens if an executor dies before the testator and offered some practical considerations. Today’s blog will explore….

What Happens if Something Happens to your Executor? – Part Two Continue Reading »

Estate Administration, Estate Planning, Executors, Trustee

Exercise Caution: Different Countries – Different Tax Regimes at Death

• • 1 Comment

This blog has been written by Rahul Sharma, Partner at Fasken LLP A couple of recent telephone calls reminded me of the perils of estate and tax planning that crosses borders without proper planning. The first case is regrettably quite common.  An entrepreneur in the technology sector (we will call him “John”) is a resident of Ontario.  John partners with other like-minded, and equally talented, entrepreneurs based in the United….

Exercise Caution: Different Countries – Different Tax Regimes at Death Continue Reading »

Estate Planning, Tax Issues, U.S. Citizen, United States, US Taxes

No good deed goes unpunished by the CRA

• • 0 Comments

Part I – Personal Attribution This blog has been written by Pritika Deepak /Associate at Fasken LLP Gifting property or making loans to family members is a common way for individuals to transfer and share their wealth with their loved ones. There are, however, several rules in the Income Tax Act (Canada)[1] (the “Act”), commonly referred to as the attribution rules, which prevent or restrict an individual from “income splitting”…..

No good deed goes unpunished by the CRA Continue Reading »

Canada Revenue Agency, Estate Planning, Real Estate, Tax Issues, Uncategorized

Dearly Departed…or not?

• • 0 Comments

A recent Toronto Star article[1] highlighted what has become a bit of an interesting viral trend in the modern internet era: “scorched earth” obituaries, written by one or more of a deceased person’s relatives, who do not have anything nice to say in their send-off of the departed. The article provides a few highlights from recent examples, including an obituary prepared by a deceased woman’s children that said “they understand that….

Dearly Departed…or not? Continue Reading »

Estate Administration, Estate Planning, Family Conflict

Joint tenancy: a cost-effective or costly measure to save on probate fees?

• • 1 Comment

This blog has been written by Mohena Singh, Associate at Fasken LLP As an estate planner, one of the most common questions I am asked is, “How do I transfer my house or cottage to my family without paying estate administration tax?” A common way we have seen individuals attempt to accomplish their goal of transferring real property without paying estate administration tax (also known as “probate fees”) is by….

Joint tenancy: a cost-effective or costly measure to save on probate fees? Continue Reading »

Estate Administration, Estate Planning, Joint Tenancy, Probate Tax, Real Estate, Wills
Scroll to Top