Estate Planning

Total 1065 Posts

“Failing to Plan is Planning to Fail”

A colleague of mine previously blogged about the importance of taking care of business so that you don’t leave a mess for your family and the courts, using the late famous musician, Prince, as an example for failing to plan for death. Since Prince’s passing in April 2016, no will has surfaced and the legal issues have continued to emerge, the latest, among them, being the interplay between probate and….

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Estate Planning

DISABILTY TAX CREDIT CERTIFICATE: WHO CAN CERTIFY?

Which medical professionals can certify on a Disability Tax Credit Certificate (“Form T2201”), that an individual has a severe and prolonged impairment in physical or mental functions? Can a registered oral surgeon or other oral specialist, licensed to be so by a provincial body be considered to be a medical doctor in that province for the purpose of certifying on Form T2201 that an individual has an impairment in speaking….

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Canada Revenue Agency, Capacity Law, Disability, Elder Care, Estate Planning, Fiduciary Professions, Geriatric Care Management, Guardianship, In the News, Power of Attorney

How are RESPs Dealt with in Equalizing Net Family Property?

I was recently asked how RESPs effect the calculation of a spouse’s net family property (“NFP”) for purposes of Ontario’s Family Law Act. Because a RESP is considered the property of the subscriber, and not a trust, it generally forms part of the subscriber’s estate on his or her death. As a result, this question is relevant not only on marriage breakdown but also when a spouse elects to receive….

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Estate Planning
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