Estate Planning

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A few considerations for estate planning for clients with Quebec-based assets living elsewhere in Canada.

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One of the joys of estate planning in Canada is that the law varies from province to province. Most of the country follows common law and we in Quebec follow the civil code. For those of you working outside of Quebec, you may encounter clients with assets in Quebec. With that in mind, here are some comments on the impact of Quebec-situated assets for clients living throughout the common law….

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Estate Planning

Non-Resident and Rental Income – Not so Fast.

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When a non-resident of Canada generates rental income from a Canadian rental property, the tenant (or agent for the non-resident) must withhold 25% of the gross rental payment (unless a tax treaty reduces the withholding rate) and remit it to the Canada Revenue Agency by the prescribed date. It’s important to note that no deductions nor credits are permitted thus, the withholding is on the full rental payment. Rental Income….

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Estate Planning, Real Estate, Tax Issues, Trustee

Trustees Holding Title to Real Property: It Used to be Simpler

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Trustees holding title to real property jointly with right of survivorship should make estate succession efficient and inexpensive. But recent changes implemented by the Director of Land Titles are challenging that notion…..

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Cottage, Estate Planning, Fiduciary Professions, Joint Tenancy, Property, Real Estate, Succession Planning, Trustee, Trusts

Avoid Becoming Part of a Statistic

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LawPro recently released its report concerning Wills and estates malpractice claims as of the end of 2022.  As we approach the busy year end, I thought it would be helpful to remind practitioners of the most common errors and some risk management tips in that regard. Interestingly (and perhaps somewhat surprisingly), most issues stem from things at occur before or at the initial client meeting. Things that contribute to problems….

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Estate Planning, Liability, Uncategorized, Wills

How Separate is “Separate as to Property”?

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This blog has been written by Darren Lund a partner at Fasken LLP. Marriage contracts and cohabitation agreements are an increasingly important aspect of estate planning and wealth preservation. They can be used for a number of reasons and in a variety of contexts. Think of the parents wishing to protect a cash gift to a child to assist with the purchase of a home, the business owner who wants….

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Estate Planning, Property, Spouse, Trusts

Scholarships and Other Educational Awards

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[caption id="attachment_20501" align="aligncenter" width="413"] CHRIS MEYER/INDIANA UNIVERSITY — Wikipedia[/caption] Student awards are one of the most popular charitable purposes, especially in estates.  Donors often strongly identify with the life changing benefit of direct educational funding to students.  Named scholarship funds are often named and constitute part of the donor’s legacy. Educational awards are such a popular purpose that there are numerous providers.  Of course, there are schools, colleges and universities….

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