Estate Planning

Total 1065 Posts

Determining the CAPITAL DIVIDEND ACCOUNT BALANCE: no longer a shot in the dark?

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The capital dividend account (“CDA”) is a tax free surplus account within a private corporation which gives shareholders designated capital dividends, tax-free. The CDA typically contains the non-taxable portion of the company’s capital gains net of capital losses, capital gains received by other companies, proceeds of life insurance on death and other capital like distributions. The CDA account is often a central feature of tax planning for individuals with private….

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Business Succession Planning, Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, In the News, Investments, Small Business, Succession Planning, Tax Issues, Trusts

Deaccessioning Donations of Art

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Deaccession. It’s a word that brings chills to donors and would-be donors of art to public galleries.   The ingratitude.   The betrayal.  How can they sell my gift, my art?!  To deaccession is, in conventional curatorial thinking, to break trust with donors.  It chases them away. In the spirit of pragmatism, most museums and galleries rule out selling works from their collection. It becomes a matter of policy.   “We never sell….

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Estate Planning, Philanthropy/Charitable Giving

SECTION 13 APPLICATIONS

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Section 13 of the Charities Accounting Act, R.S.O. 1990, c. C.10, as amended (“CAA”), is a useful tool for both estates and charities practitioners alike. The section provides that certain draft orders or judgments that could have been made by the Superior Court of Justice will be deemed to be an order of that court if the Public Guardian and Trustee (“PGT”) and every other person who would have been….

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Estate Planning

Mother and Daughter Joint Tenancy Gone Awry

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We know from Pecore v Pecore, 2007 SCC 17 that when a parent gratuitously transfers title into joint tenancy with the parent and adult child as joint tenants, there is a presumption of resulting trust. Where there is sufficient evidence to prove on a balance of probabilities that the intention of the parent was a true joint tenancy with a right of survivorship, the presumption of resulting trust is rebutted. Even where a true joint tenancy with a right of survivorship exists, a unilateral action by a co-owner may sever the joint tenancy…..

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Estate Planning

Principal Residence Exemption and some of the “What if’s”

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In my last blog, I wrote about the role of “beneficial” ownership in the determination of whether a property qualifies for the principal residence exemption. With an acknowledgment to Keith Masterman of “Advisor.ca”, I thought I would take the opportunity to write about some other “what if’s” and how the exemption may or may not apply. As an executor or trustee, you may encounter these scenarios and it might be….

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Canada Revenue Agency, Cottage, Estate Administration, Estate Planning, Executors, Investments, Joint Tenancy, Property, Real Estate, Tax Issues, Trustee, Trusts
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