Estate Planning

Total 1074 Posts

Donor Advised Funds are not Trusts

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A common misconception about donor advised funds is that they are trusts, charitable purpose trusts.  At times, lawyers, especially those with expertise in trusts and estates, struggle with this distinction, as do donors.  In 2023, this issue came to the forefront when Canadian charities briefly thought they might need to report on certain funds under trust reporting rules.  Although donor advised funds have trust-like features, most are not trusts. This….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Trusts

Can the CRA seize the proceeds of life insurance?

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An existing tax debt at the time of death can wreak havoc on the administration of an estate and can jeopardize the estate and insurance planning. This is because the Canada Revenue Agency (“CRA”) is not your typical creditor and has statutory powers to seize assets of the estate beyond what other creditors may seize. Personal Insurance If the insurance proceeds are payable to the designated beneficiary(ies) under the insurance….

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Estate Planning, Insurance, Tax Issues, US Taxes

To Gift or Not to Gift?

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This blog post was written by: Diana Leopardi, Estate and Trust Consultant, Scotiatrust Montreal Many people would have their cake and eat it too. Meaning, many people want to enjoy their retirement years while also plan for a lasting legacy to their next generation. How can this be done? What are some options? An insured annuity is a tax efficient strategy that produces a guaranteed income stream for the duration….

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Estate Planning, Insurance

Turbulent Times and Estate Planning

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This blog has been written by Rahul Sharma, Partner, at Fasken Martineau DuMoulin LLP, Toronto The world is changing very fast and conversations that I am having with people today include generous helpings of “T” words other than “tax” and “trust.”  I could try to keep count of how many times I hear the word “tariff”, but the score is obviously high.  So much so, in fact, that even my elementary….

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Estate Planning, Tax Issues, Trusts, valuation

Is it a Handwritten Note or Will?

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This blog post was written by: Alicia Mossington, Estate and Trust Consultant, Scotiatrust London Historically in Ontario, a Last Will and Testament was required to meet strict formal validity requirements to be considered valid. The requirements set out in the Succession Law Reform Act required a Will to be in writing and signed by the testator in the presence of two witnesses who also signed the document. There was a….

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Contested wills, Estate Administration and Probate Applications, Estate Planning, Executors, Testamentary Capacity, Wills

This article is not about tax

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This article is written by Nicole Ewing, Principal, Wealth Planning Office, TD Wealth As an estates and trusts professional, I’ve certainly had my share of conversations about death, taxes, and all the in-between. I’ve discussed the pros and cons of various approaches, tools, and strategies. I’ve helped those who are all consumed by the planning process and others who could barely give a hoot. But this last year has given….

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Estate Planning
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