Estate Planning

Total 1067 Posts

The Next Succession? Lessons from a family estate gone wrong…

Today’s blog was written by Karen La Caprara, Counsel, at Fasken Martineau DuMoulin LLP. This being my first All About Estates blog, I thought I would make it a personal one. So, as an introduction, I decided that I would share my family experience that contributed to my decision to practice in the area of wills and estates.[1] I won’t get into the nitty gritty of all that went down,….

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Estate Administration, Estate Planning, Executors, Family Conflict, Trustee, Wills

Corporately-Owned Insurance, Redemption Obligations and the U.S. Supreme Court

Canadian estate and tax advisors may want to consider the case Connelly v. Internal Revenue Service, No. 23-146[1] (U.S. 3/27/24).  The U.S. Supreme Court (“SCOTUS”) issued its decision on June 6th and it serves as a good reminder of the implications of corporately-owned life insurance in the context of cross-border tax and estate planning for Canadian estates. The issue focused on the estate tax treatment of corporately-owned life insurance proceeds….

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Estate Planning, Insurance, IRS, Tax Issues, U.S. Citizen, United States, US Taxes, valuation

When Parent and Child have a Joint Bank Account: Who Receives Funds upon Parent’s Death?

This blog has been written by Lily MacLeod [Associate] at Fasken LLP It is common for an elderly parent to set up a joint bank account with their adult child. This enables the child to help manage the parent’s finances freely and efficiently (either as the parent’s attorney for property or more informally). Some families may assume that title to the account funds will pass to the adult child by….

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Elder Law, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Guardianship, Resulting Trust, Succession Planning, Trusts, Wills

Gamers are Letting off Some “Steam” After Learning that Purchased Games are Not Transferrable on Death

Pictured: A screenshot of a discussion between a Steam user and a Steam Support representative that has taken the internet by storm. Usually, I get my trusts and estates-related news from legal blogs, LinkedIn or emails from colleagues. So, you can imagine my surprise when I stumbled upon a pretty big story in the world of trusts and estates as I was scrolling through the front page of Reddit. For….

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Contracts, Estate Administration, Estate Planning, In the News, Property, Succession Planning, Wills

There’s no better time than the present

An older woman is packing boxes in her living room.

Six reasons to start estate planning early! Estate planning is a part of life that, despite best intentions, is often moved to the back burner. It’s not surprising; many individuals struggle to consider or discuss their own mortality and that of their closest loved ones. Nobody is excited to review what happens if their functioning declines, or worse, if they suddenly pass away. However, if these discussions are avoided for….

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Estate Planning

Taxation at Death & Capital Losses

Advisors understand that on death, a Canadian resident is deemed to dispose of their assets at fair market value, often resulting in capital gains being triggered.  However, in some instances, capital losses may result. The legal representative of the estate should seek tax advice early if capital losses are triggered on death or if the deceased has capital losses from previous tax years.  There may be a strategic opportunity to….

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Estate Planning, Tax Issues
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