Estate Planning

Total 1082 Posts

How Will Capacity to Consent to Physician Assisted Death Align with Ontario Policy on End-of–Life Decision-Making?

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Canadians are well aware that in Carter v. Canada[i] the Supreme Court struck down the provision of the criminal code against physician assisted death (PAD). In its decision, the Supreme Court set out the circumstances in which PAD is appropriate: (1) The person affected clearly consents to the termination of life; and (2) The person has a grievous and irremediable medical condition (including an illness, disease or disability) that causes….

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Estate Planning

Good news on the aging brain

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The, seemingly constant, flow of bad news about aging bodies and brains can be depressing.  On this site alone I’ve read many  chilling facts and statistics on matters impacting our aging population.  The prevalence of depression, the frequency and potentially dire consequences of falls and how the likelihood of developing Alzheimer’s or a related dementia increases exponentially as we age into our “senior” years, are just some examples that spring quickly to mind. So, it was with great interest….

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Estate Planning

TRANSFER OF PROPERTY FROM PERSONAL TRUST TO BENEFICIARY

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Recently, the Canada Revenue Agency (“CRA”) was asked to comment on a scenario involving a transfer of real estate from a Personal Trust to a beneficiary where the beneficiary also assumed a mortgage on a property. In past interpretations, the CRA noted that the transfer of assets from the Trust at cost may be restricted where a portion of the property is received in settlement of a debt due from….

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Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Investments, Liability, Property, Real Estate, Tax Issues, Trustee, Trusts

When Charities Die

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Contrary to public perception, it is quite common for charities to die.   The majority of charities are small, volunteer-run entities and some run out of steam and are deregistered.  Since 2011, over 7,536 charities have had their status revoked by Canada Revenue Agency for reasons ranging from exhaustion and mergers (which produce voluntary revocations), failure to file the annual return, or cause. What happens when there is a gift by….

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Estate Administration, Estate Planning, Philanthropy/Charitable Giving

NOT ALL RDSPs ARE CREATED EQUAL

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My colleague, Katie Ionson, previously blogged about the new RDSP Income Tax Information Circular IC99-1R1, which the CRA released on February 10, 2016. The Circular contains useful guidance on a number of issues, including the requirements for an RDSP to be registered under the Income Tax Act (“ITA”). While some RDSP features are mandatory, other features are optional and are only available if the issuer has chosen to include them….

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Estate Planning

Calendar year for testamentary trusts

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Change in tax treatment of testamentary trusts arising may result in a deemed tax year end of December 31, 2015. For testamentary trusts previously having a non-calendar year end, the receipt of dividends by the trust on December 31, where the trust habitually allocates this income to its beneficiaries at the trust tax year end, could result in the allocation of dividend income from two trust tax years for the 2015 tax year of the beneficiaries. ….

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Canada Revenue Agency, Estate Planning, Executors, Tax Issues
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