Estate Planning

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Tariffs and Estate Planning

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This blog post was written by Dave Madan, Senior Manager, Scotiatrust Following President Trump’s announcement of “Liberation Day,” Canadians are contemplating the reasons behind this decision. Amidst this uncertainty, many Canadians have re-evaluated their relationships with the United States, encompassing their daily interactions, financial affairs, and future planning. The purchase of American goods has been supplanted by Canadian alternatives. Investments in American companies have been replaced by domestic investments, and….

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Canadian and US Tax Treaty, Estate Planning, United States, US Taxes

Modern Families: References to Children and Issue in Wills

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  Today’s blog was written by Karen La Caprara, Counsel, at Fasken LLP. Like many modern families, the fictional Pritchett family in the series “Modern Family” has a variety of personalities, family dynamics and relationships, traditional and modern viewpoints. The many possible iterations and permutations of what makes a family is a beautiful thing. But, it can also create complexity when it comes to defining who is and who is….

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Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Wills

Lifestyle Changes Bring Increased Risk to Older Clients and Advisors – Part 2

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In our last blog post, Lifestyle Changes Bring Increased Risk to Older Clients – Part1, we explored the need to rethink the planning paradigm for older clients and actively shift to assuming a 100-year lifespan. However, a 100-year lifespan does not necessarily equal 100 years of good health. We know that in the last decade of a person’s life, there could be more focus on health issues, medical coordination, and….

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Caregiving, Elder Management, Estate Planning

A Closer Look at Simultaneous Deaths

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Recently, the world learned of the passing of actor Gene Hackman and his wife, Betsy Arakawa in what appeared to very strange circumstances. Initially, there were concerns that their deaths may have been as a result of carbon monoxide poisoning. Autopsy reports have later revealed that this is not the case. Almost immediately, the media started talking about their Estates, with initial reports suggesting that Gene’s Will did not name….

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Estate Administration, Estate Planning, In the News, Uncategorized, Wills

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
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