Fasken Martineau DuMoulin LLP

How to Provide for Your Island in Animal Crossing: New Horizons After Your Death: Part II

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This is a three-part blog series that seeks to explore the manner in which one can conduct estate planning with respect to their copy of the popular 2020 Nintendo Switch video game Animal Crossing: New Horizons. Part I discussed the importance of this topic and described the applicability of a non-charitable purpose trust to this type of estate planning. Part II examines the practical considerations for operating a non-charitable purpose….

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One Short Year Ago!

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Today’s blog is being brought to you by guest blogger, Tracy Parkinson, law clerk in the Private Client Services group of Fasken LLP. Thinking now back to what life was like a year ago, I’d say that we were living “footloose and fancy free” although it might not have felt like it at the time.  I can say for certain that if someone had told me that within a year….

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Joint Retainers and Estate Planning

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Lawyers in Ontario are regulated by the Law Society of Ontario, and the Rules of Professional Conduct set out the professional and ethical obligations to which lawyers must adhere. One of the duties relates to avoiding conflicts of interest, except in certain circumstances. Rule 3.4-5 of the Law Society of Ontario Rules of Professional Conduct sets out the rule for joint retainers and provides as follows….

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Estate Planning

The Jeffrey Epstein “Plot” Thickens…Last Will and Testament Signed 2 Days Prior to Death!

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Jeffrey Epstein (“Epstein”) signed a will just 2 days before he was found dead in his jail cell, raising new queries about his final days inside the Manhattan Correctional Centre, where he was awaiting trial on federal sex trafficking and conspiracy charges. This new development adds to what is likely going to be a long battle over the estate of the financier and convicted pedophile. While the criminal charges against….

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Estate Administration, Estate Planning, In the News, Wills

Advantages and Disadvantages of Charitable Remainder Trusts[1]

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A charitable remainder trust is an underutilized philanthropic tool where a charity is given a future monetary benefit, while the donor receives immediate tax relief in respect of the charitable contribution. Typically, a donor irrevocably contributes property to a trust for the lifetime of a beneficiary, with a charity being the residual capital beneficiary upon the death of the lifetime beneficiary. The lifetime beneficiary has the right to the income….

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Charitable Giving, Trusts

Income Splitting Loans and what you should know (and do) prior to April 1, 2018

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Under the Income Tax Act R.S.C., 1985, c. 1 (5th Supp.), there are certain income-splitting arrangements that are available when a loan is made from an individual to his/her lower income spouse/common-law partner and when a loan is made to a discretionary family trust, the beneficiaries of which include minor children. For example, an individual may loan funds to his/her lower income spouse to make an investment.  In order for attribution,….

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