Estate Administration

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All In The Family (Home)

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This Blog has been written by Darren Lund, Partner at Fasken LLP As we turn the page on 2023 and look ahead to 2024, the cost and availability of housing continues to be a pressing issue for many Canadians. While there have been some recent headlines that suggest the housing market is slowing, even in traditionally hot markets, the future remains uncertain. How does the state of the housing market….

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Estate Administration, Estate Planning, Property

Wish lists are for more than just the holiday season

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This blog has been written by Mohena Singh [Associate] at Fasken LLP As we near the new year and reflect on another holiday season, many of us may have used this time to spend with family and friends or catch up on some much needed rest and recovery. This time of year also tends to be one filled with gift-giving and showing love to the special people in our lives…..

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Elder Care, Estate Administration, Estate Planning, Family Conflict, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Succession Planning, Uncategorized, Wills

Navigating Challenging Holiday Experiences and Estate Planning: A Balanced Approach

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This blog has been written by Jessica J. Butler, Law Clerk at Fasken LLP. The holiday season can be a time for joy, love, and togetherness – it can also be a time for drama, stress, and conflict. Simmering tensions at family gatherings can cause situations that sometimes leave lasting impressions. In the aftermath of a negative experience with family, it’s natural for emotions to run high, in some cases….

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Estate Administration, Estate Planning, Executors

Executors: Holiday Elf or Grinch?

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                                             Photo Credit: Universal Pictures This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP If you are the lucky (or more often unlucky) person appointed to administer an Estate, you may have more stress than usual this holiday season. I wrote this blog in hopes….

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Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Executors, Family Conflict, Wills

Section 116 and Capital Distributions by Trust to Non-Resident

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When a trust makes a capital distribution to a non-resident beneficiary, the beneficiary is deemed to have disposed of a part or the whole of their capital interest in the trust.[2] Where the capital interest in the trust is “taxable Canadian property” (“TCP”),[3] the vendor of the TCP (i.e. the beneficiary who is deemed to be “disposing” of their interest in the trust) must apply for a clearance certificate from the Canada Revenue Agency (the “CRA”) under section 116, either in advance of the disposition or within 10 days of the disposition…..

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Canada Revenue Agency, Cottage, Estate Administration, Executors, International, Property, Real Estate, Tax Issues, Trusts
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