Estate Litigation

Total 415 Posts

CRA Collections: Dealing With Some of the Myths

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As a trustee or executor of an estate, you may find yourself managing existing or future tax disputes with the Canada Revenue Agency (“CRA”) and the collections department of the CRA at the same time. In a blog written by Peter Aprile of Countertax Lawyers entitled the Canada Revenue Agency Collection Department & Paying Tax Debts in dispute, some issues and related myths were addressed which you may find useful….

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Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Passing Of Trustees’ and Executors’ Accounts, Tax Issues, Trustee, Trustee Disputes, Trusts, Wills

RESIDENCY OF A TRUST – A QUESTION OF MANAGEMENT AND CONTROL

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As my fellow bloggers have explained in some detail, there are various tenets governing trusts having legal and tax implications depending on the circumstances. One of these is the location of “central management and control” which the Courts have previously ruled as being the basis for determining residency. Recently, the Supreme Court of Newfoundland and Labrador was asked to rule on the specific issue of residency which would have significant….

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Canada Revenue Agency, Estate Administration, Estate Litigation, Estate Planning, Investments, Property, Trustee, Trusts

What are the Tax Consequences of Disclaiming or Releasing an Interest in a Trust? Part 1

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The CRA recently began an initiative to consolidate the information provided in its income tax interpretation bulletins and income tax technical newsletters. The new publications are called “folios”. As each folio is released, it is subject to a three-month comment period. In late September, the CRA released “S6-F2-C1-Disposition of an Income Interest in a Trust”, which, among other things, summarizes the tax consequences of a disclaimer, release or surrender. A….

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Estate Litigation, Home-Right

The size and scope of social media is a challenge for estate planning

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Facebook advise that they now have over 1.25 billion account owners. It is estimated that there are over 17 million users in Canada and the over age 65 age group is the fastest growing segment. It is also estimated that 30 million facebook account owners have died and 10% have memorial pages. These are very large numbers for something that is in its infancy. I have been following some of….

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Estate Litigation
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