Estate Planning

Total 1065 Posts

‘Ralph the Programme Guy’ (part 2)

Last week, Audrey Miller took the initiative to blog about ‘Ralph the Programme Guy’ and reflected on the lesson learned from his ‘eccentric’ life and sad, lonely death. I hope that the blogosphere will forgive my indulgence in following up on an issue that is only indirectly related to testamentary capacity. Since my childhood days,  I also had known ‘Ralph’, whose real name was Rayfield Platner. Rayfield was probably a variation….

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Estate Planning

New Intestacy Rules in the UK

As a common law jurisdiction with our roots in the United Kingdom it is understandable we have an interest in what happens “across the pond”. The UK has recently updated their inheritance laws and made large changes to their intestacy laws. Normally we look to the UK for changes but in this case it seems like the UK may have taken a page out of our book. The new Inheritance….

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Estate Planning, Home-Right, International

A Business Succession Success Story

Last week I stopped by Walter Beauchamp Tailors to purchase a new tie (I was attracted by the “clearance sale” sign in the window). As fortune would have it the owner, Terry Beauchamp, was the person who helped me out. I asked Terry if the store was closing. Terry, who is in his mid ‘60s and still looks great, told me that it was time to enter the next stage….

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Estate Planning

Who Pays the Legal Costs of a Dependant’s Relief Claim?

My colleague, Diane Vieira, recently blogged about the Divisional Court’s decision in Quinn v. Carrigan.  While she highlighted what the case had to say about the proper approach to determining dependant’s support, the case is also instructive on who should bear the costs of a dependant support application. Prior to McDougald Estate v. Gooderham and Salter v. Salter Estate (in which Justice Brown notoriously warned estate litigants that an estate….

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Estate Planning, Home-Right, International

Tax Treatment of Monetary Inheritances

Do you ever wonder why things are the way they are? Someone does and that someone recently asked the Canada Revenue Agency why inheritances are not taxable. Although the questioner was told by his or her accountants that inheritances are not taxable in Canada, they asked the Canada Revenue Agency (CRA) to reply with details of the specific legislation that carves out inheritances. In their response the CRA confirmed that….

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Estate Planning

SEPARATED COMMON LAW SPOUSES DON’T BENEFIT FROM ROLLOVERS – THE SEQUEL

In my last blog, Who Knew There is a Benefit to Having Two Spouses, I spoke of the ability to benefit from a rollover for income tax purposes in respect of property that passes to two different individuals, each of whom qualifies as the spouse or common-law partner of the deceased taxpayer. Subsequent to that blog I received several responses from readers providing me with additional food for thought on….

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Estate Planning, Home-Right
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