Estate Planning

Total 1082 Posts

Breaking Up is Still Hard to Do?

• • 2 Comments

This blog has been written by Rahul Sharma, Partner, Fasken Martineau DuMoulin LLP, Toronto Nearly a year ago, I made a post on this blog entitled “Breaking Up is Hard to Do – Ceasing to be a Canadian Tax Resident may be Easier Said than Done” (Breaking Up is Hard to Do – Ceasing to be a Canadian Tax Resident may be Easier Said than Done – All About Estates). ….

Breaking Up is Still Hard to Do? Continue Reading »

Canada Revenue Agency, Estate Planning, In the News, Investments, Succession Planning, Tax Issues

Recent Cases Applying Section 21.1 of the SLRA

• • 0 Comments

Having come into force on January 1, 2022, Section 21.1 is a relatively recent addition to the Succession Law Reform Act (“SLRA”). Section 21.1 is a validating provision, which allows the courts discretion to declare a will valid even if it does not meet the formalities of execution set out under section 4 of the same act. Those formalities are as follows: The will must be signed by the testator….

Recent Cases Applying Section 21.1 of the SLRA Continue Reading »

Estate Administration and Probate Applications, Estate Planning, Succession Planning, Wills

Estate & GST/HST Clearance Certificate

• • 0 Comments

Section 270 of the Excise Tax Act (the “ETA”) requires a legal representative of an estate to apply for a GST/HST clearance certificate. This is to obtain confirmation that all outstanding GST/HST owing has been paid and satisfied prior to the final distribution of the deceased’s assets. Indeed, if the deceased was a GST/HST registrant (as an example, was operating a sole proprietorship at the time of death) and had….

Estate & GST/HST Clearance Certificate Continue Reading »

Estate Administration, Estate Planning, Executors, Tax Issues, Trustee

Transfers to a corporation can be costly. Beware of corporate attribution.

• • 0 Comments

Part III – Corporate Attribution This blog post has been written by Pritika Deepak, Associate at Fasken LLP. This is the last part of a three-part blog series which provides a high level overview of the attribution rules contained in the Income Tax Act (Canada)[1] (the “Act”). Part I, which addresses personal attribution and Part II, which speaks to trust attribution, can be found respectively at https://allaboutestates.ca/no-good-deed-goes-unpunished-by-the-cra/ and https://allaboutestates.ca/using-a-trust-watch-out-for-attribution/. Part….

Transfers to a corporation can be costly. Beware of corporate attribution. Continue Reading »

Business Succession Planning, Canada Revenue Agency, Estate Planning, Succession Planning, Tax Issues, Uncategorized

Incomplete and Unprocessed Beneficiary Designation Held Valid

• • 0 Comments

Anna Chen, Associate, Gowling WLG (Canada) LLP In the recent decision, The Estate of William Harper,[1] the Court was asked to determine whether a two page beneficiary designation form that was missing its first page (the page on which the account number would be indicated) and not processed by the financial institution was valid. Facts William Harper, deceased (the “Deceased”), died on September 5, 2019.  At the time of his….

Incomplete and Unprocessed Beneficiary Designation Held Valid Continue Reading »

Estate Planning, Succession Planning, Uncategorized

COTTRELL A MUST-READ FOR VALUING THE INTEREST OF A BENEFICIARY IN A DISCRETIONARY TRUST

• • 1 Comment

This blog has been written by Darren Lund, a partner at Fasken LLP In Ontario, trust law and family law have for some time taken very different approaches to valuing the interest of a beneficiary in a discretionary family trust. For trust lawyers, a beneficiary’s interest in a discretionary family trust is a “mere expectancy”. Beneficiaries who are part of the class of discretionary beneficiaries have a right to be….

COTTRELL A MUST-READ FOR VALUING THE INTEREST OF A BENEFICIARY IN A DISCRETIONARY TRUST Continue Reading »

Estate Planning, Family Conflict, Property, Separation, Trusts, Uncategorized
Scroll to Top