Estate Administration

Total 501 Posts

The Bank of Nova Scotia Trust Company v. Rogers: A Recent Consideration of the Criminal Forfeiture Rule

• • 1 Comment

This blog was written by Meghan Carlin, summer student at Fasken LLP. While the law in Canada on the criminal forfeiture rule (or the “slayer rule”) is generally well understood, questions about next steps in the administration of estates where the primary beneficiary has been disentitled may be more difficult to answer. On March 3, 2021, the Ontario Supreme Court released its decision in the case of The Bank of….

The Bank of Nova Scotia Trust Company v. Rogers: A Recent Consideration of the Criminal Forfeiture Rule Continue Reading »

Estate Administration

Inconsistency in CRA policy for dividends paid to a deceased beneficiary

• • 0 Comments

A recent article discussed taxation anomalies that occur due to timing differences between when a trust receives a dividend and subsequently pays and allocates a dividend to a beneficiary. CRA view 2016-0647621E5 provides that when a trust receives a dividend in the year and subsequently pays and allocates the dividend to a beneficiary in the same year, the allocation of the dividend for tax purposes occurs on December 31 of the year because….

Inconsistency in CRA policy for dividends paid to a deceased beneficiary Continue Reading »

Canada Revenue Agency, Estate Administration, Estate Planning, Executors, Tax Issues

Disability Tax Credit

• • 0 Comments

The 2021 Federal Budget included proposals that would see an expansion of the Disability Tax Credit to more Canadians. The Disability Tax Credit (DTC), with a value of $1,299 for 2021, is a non-refundable credit intended to offset the impact of disability-related costs. In order to claim this credit, a taxpayer must have a certificate confirming they have a severe and prolonged impairment in physical or mental function, or be….

Disability Tax Credit Continue Reading »

Canada Revenue Agency, Capacity Law, Caregiving, Disability, Elder Care, Estate Administration, Estate Planning, Executors, Tax Issues

Inheritance and Tax

• • 0 Comments

There is renewed discussion on whether Canada will become another jurisdiction where specific gift or estate taxes will be imposed on inheritances. There is speculation that the discussion will lead to something concrete as early as next week’s Federal Budget. In the meantime, there are situations where inheritances can come with a tax burden, such as the one described in a recent Tax Court of Canada case (Goldman v. the….

Inheritance and Tax Continue Reading »

Attorney Compensation, Canada Revenue Agency, Compensation, Costs, Courts, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Investments, Liability, Tax Issues, Trustee, Trustee Compensation, Trusts, Uncategorized

Thoughts on Digitally-Issued Certificates of Appointment of Estate Trustee

• • 0 Comments

In the blog posted by Maureen Berry on October 9, 2020, my fellow clerks and I wrote about the welcome changes that were introduced that would allow for applications for certificates of appointment of estate trustee (the “Probate Application”) to be filed electronically.  It has now been six months since this change was introduced and I thought I might provide my thoughts on the process. As a reminder, effective October….

Thoughts on Digitally-Issued Certificates of Appointment of Estate Trustee Continue Reading »

Estate Administration, Estate Administration and Probate Applications, Executors, Wills

New Privacy Legislation Aims to Address Digital Assets in Estate Administration

• • 0 Comments

Practitioners and clients alike have come to realize that there can be numerous legal challenges to administering a testator’s digital assets, including, among them, ambiguous or restrictive privacy legislation. For most Canadian provinces,[1] the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) does not appear to grant executors, trustees, or personal representatives any powers or capabilities with respect to the disclosure of a testator’s personal information. However, in November 2020,….

New Privacy Legislation Aims to Address Digital Assets in Estate Administration Continue Reading »

Contracts, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, In the News, Power of Attorney, Property
Scroll to Top