Estate Planning

Total 1067 Posts

NEWLANDS: A NEW INTERPRETATION OF ESTATE FREEZES IN THE FAMILY COURTS?

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This blog has been written by Darren Lund, Partner at Fasken LLP In Lang-Newlands v. Newlands, 2024 ONSC 6285, the Ontario Superior Court of Justice revisited the treatment of a discretionary family trust in the context of the equalization of net family property under the Ontario Family Law Act. Barbara Lang-Newlands (“Barb”) and Ian Newlands (“Ian”) were married on August 21, 1987 and separated on July 31, 2019. There were….

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Estate Planning, Family Conflict, Separation, Succession Planning, Trusts

Key Considerations When Drafting a Will with International Assets

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If you have clients with assets outside Canada, they likely look to you for guidance to support drafting of testamentary documents. In a previous article we explored the considerations that should be kept in mind when assets are owned outside of Quebec, within Canada – given the civil law and common law differences. However, even if the testator has assets in multiple common law or civil law jurisdictions, estate and….

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Estate Planning, Executors, International, Property, Real Estate

The Foreign Corporation on Death – Where Do We Start?

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A hand holds a red puzzle piece over grey pieces on a table.

When an entrepreneur dies owning shares or an interest in a foreign corporation, the executor is faced with a challenging situation.  An estate with ownership or an interest in a foreign corporation raises specific and complex tax rules that leave the executor and family members hoping the deceased has a well-organized tax and estate plan in place. Where to start? The executor needs to be proactive. First, it needs to….

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Estate Administration, Estate Planning, Executors, International, Tax Issues

Canadians are living longer, Estate Planning considerations

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Canadians are living longer. Current life expectancy is approximately 83 years.[1] This number has been steadily increasing annually and is expected to continue to do so[2]. One of the questions in the trivia game Outsmarted[3] played over the holidays was: “Approximately how many people over the age of 100 live in Canada?” The game’s answer was 11,500. While this number shocked the players, it is in line with what Statistics….

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Estate Planning

Keeping it Equal – Navigating Loans and Gifts to Children

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP With prices of basically everything going up these days, it is becoming more difficult for the younger generations (myself included) to be able to afford most things, including those big ticket items like cars and homes. The sad reality is, while our parents may have been able to afford a home at 25, today that is not always….

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Estate Planning, Loans, Wills

Shareholder Loan on Death

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There are several ways to extract funds from a business; salary, dividend, bonus or a shareholder loan. When a shareholder withdraws corporate funds by way of a shareholder loan, it will be recorded in the business financial statements and comes with tax implications to the shareholder.  This is because, a shareholder loan that is outstanding for more than one (1) tax year from the end of the tax year in….

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Estate Administration, Estate Planning, Executors, Loans, Tax Issues
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