Charitable Giving

Total 81 Posts

Finality Matters: Smith v. Bechtel in the Evolving Jurisprudence on Substantial Compliance

This blog was co-authored by Latoya Brown, Associate and Ciaran Sheahan, Student-at-Law at Fasken LLP Ontario courts have, in recent years, considered a growing number of cases addressing the scope of their curative jurisdiction under s. 21.1 of the Succession Law Reform Act (the “SLRA”), following the amendment empowering them to do so. These decisions continue to refine the doctrine of substantial compliance and to provide clarity on what constitutes….

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Charitable Giving, Contested wills, Estate Administration, Estate Litigation, Estate Planning, Succession Planning, Wills

Charities Law for Testators: Director Compensation

Gwenyth Stadig, Partner, Amber LeBlanc, Articling Student, Upama Poudyal, Associate, Gowling WLG (Canada) LLP When a testator located in Ontario intends to create a charity through their will and fund it with estate assets, it is essential to understand Ontario’s rules regarding compensation of charity directors. Generally, directors of charities cannot receive remuneration, with limited exceptions and potential approval pathways. Estate-planning professionals should ensure the will, constating documents of the….

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Charitable Giving, Estate Donations

Cross-Border Charitable Donation & U.S. Donor

Philanthropy can strengthen one’s estate plan. In Canada, an estate plan may integrate charitable donations to leave a legacy to our community while taking advantage of the associated tax benefits. Such strategy can be implemented during the donor’s lifetime or upon the donor’s death. If the donor is a U.S. citizen living in Canada (hereinafter referred as a “U.S. donor”), does the strategy work? U.S. donor & U.S. Tax Filings….

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Charitable Giving, International, Philanthropy/Charitable Giving, Tax Issues, U.S. Citizen, US Taxes

Winner/Gagnant!!!!! Six Estate Planning Considerations For Lottery Winners

  You’ve already beaten the odds — now make sure your fortune doesn’t roll the dice without you. Over the years, I’ve had the privilege of helping lottery winners turn sudden wealth into lasting legacies. Here are six key considerations to keep in mind from an estate planning perspective: Assemble a Strong Advisory Team Winning the lottery is thrilling — but it can also be overwhelming and cause immense anxiety…..

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Charitable Giving, Estate Planning, Succession Planning, Trusts, Wills

Scheming With a Purpose

This week’s blog has been written by Darren Lund In Ontario, as in most common law jurisdictions, charitable gifts are treated differently than other gifts in important ways. One of the clearest examples of this is that a gift for a charitable purpose will generally not fail for uncertainty. In addition, the court’s inherent “scheme-making power” may save a charitable gift where the charitable purpose cannot be carried out, or….

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Charitable Giving, Courts, Estate Donations, Estate Planning, Wills

TAX CONSIDERATIONS FOR GIFTS OF SHARES IN CANADA

Gwenyth Stadig, Natasha Barrett, Upama Poudyal, Abdullah Khalid, Amber LeBlanc all of Gowling WLG (Canada) LLP Canadian donors can donate a variety of types of property to “qualified donees” which gift can be eligible for donation tax credits. Subsection 149.1(1) of the Income Tax Act (“ITA”) defines the term “qualified donee” (“QD”) to include Canadian registered charities. The Canada Revenue Agency (“CRA”) maintains a list of QDs here. The nature….

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Canada Revenue Agency, Charitable Giving, Estate Donations, Interest, International, Investments, IRS
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