Estate Administration

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Estate income entitlement

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With the filing deadline for trust tax returns fast approaching, it is a good idea to take a look at some recent tax news which may be of some interest to executors. The Canada Revenue Agency (CRA) was recently asked their view on whether a beneficiary of an estate has the right to income of an estate after the estate has passed the end of the “executor’s year” such that….

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

Post-Death Decline in the Value of RRSP or RRIF: What Happens?

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Generally, when an annuitant of a Registered Retirement Savings Plan (“RRSP”) or a Registered Retirement Income Fund (“RRIF”) dies, the Canada Revenue Agency (“CRA”)  will consider that the annuitant received, immediately before death, an amount equal to the fair market value (“FMV”) of the property held in the RRSP or RRIF at the time of death. This amount and all other amounts the annuitant received from the RRSP or RRIF….

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Canada Revenue Agency, Estate Administration, Tax Issues, Uncategorized

2017 – Fake News & Fidget Spinners

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This is my 8th annual year end investment review for Trusts. As I have indicated in the past, Trustees are accountable for a prudent investment policy. This includes a review of the performance of the investments in the Trust. For Trusts that hold a portfolio of marketable securities, a fundamental element of the review includes a comparison of the performance of the investments in the Trust against relevant benchmarks. For….

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Estate Administration, Investments, Uncategorized

Withdrawal of RRSP Over-Contributions After Death

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When an annuitant of a RRSP makes over-contributions (or unused contributions) to his or her RRSP and wants to withdraw them without penalty, the Canada Revenue Agency (“CRA”) will permit the annuitant to withdraw the over contributions and claim a deduction accordingly, as long as the CRA can be shown that the annuitant intended to fully deduct the contributions in the year made or the year before, or the contributions….

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Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Tax Issues

Estate and Trusts with Foreign Properties and/or Transactions: Update on Reporting Implications

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Sometime ago, I wrote that the Income Tax Act requires persons and partnerships to file information returns in respect of foreign property ownership (specified foreign property in excess $100,000) and transactions with non-residents . This extends to trusts and estates. Those who file such a return late or do not file one on demand are liable to a penalty or penalties. Generally speaking, a penalty starts at a minimum of….

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Canada Revenue Agency, Estate Administration, Executors, In the News, International, Investments, Property, Real Estate, Tax Issues, Trustee, Trusts, Uncategorized, United States

Rest in Peace (or at least in bits and bytes)

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This Blog was written by: Carol Willes Recently I co-presented to fellow estate professionals about practical challenges that might ambush an executor or attorney for property when encountering digital and other unique assets in an estate. We uncovered some fascinating and disturbing issues that can present themselves for the unfortunate personal representatives who have to roll up their sleeves and manage these things. In today’s blog I will highlight some….

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Estate Administration, Uncategorized, Wills
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