Estate Planning

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Taking Back Control of Real Property

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It is important to consider estate planning objectives when entering into real estate transactions. For example, a client may intend to retain control of real property in that they intend to be able to dispose of it on death. However, if the relevant estate planning objectives are not identified and considered at the time of the transaction, other goals may be prioritized instead; this may result in the structure of….

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Estate Administration, Estate Planning, Property, Real Estate

Identifying Dependants

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This post is written by Alicia Mossington, Estate and Trust Consultant with Scotiatrust. Individuals have considerable testamentary freedom in Ontario (and other provinces). The ability to distribute an estate how you choose, is a common law principle that is deeply entrenched. In Ontario, and most provinces, the court has limited ability to interfere with a testator’s private testamentary dispositions. As the Court of Appeal in Spence stated, “no one is….

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Dependant Support, Elder Care, Estate Planning

What Happens if Something Happens to your Executor? – Part Two

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It is very difficult to plan for every possible scenario when you are drafting your will. Not only is it important to consider who to name as your executor, but you also need to think about what would happen if something happened to your executor. In an earlier blog, I looked at what happens if an executor dies before the testator and offered some practical considerations. Today’s blog will explore….

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Estate Administration, Estate Planning, Executors, Trustee

Exercise Caution: Different Countries – Different Tax Regimes at Death

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This blog has been written by Rahul Sharma, Partner at Fasken LLP A couple of recent telephone calls reminded me of the perils of estate and tax planning that crosses borders without proper planning. The first case is regrettably quite common.  An entrepreneur in the technology sector (we will call him “John”) is a resident of Ontario.  John partners with other like-minded, and equally talented, entrepreneurs based in the United….

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

Testamentary Charitable Trusts

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[caption id="attachment_20431" align="aligncenter" width="517"] Morris Minor 1000, 1963  (Source: Wikipedia commons)[/caption] From the 19th century to about 1990, the testamentary charitable trust was an important estate planning structure.  These trusts are part of the will and are funded after death from estate assets.  At one time, testamentary trusts were the primary way for an individual to support one or more charities or charitable purposes after death.  But they have been….

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

No good deed goes unpunished by the CRA

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Part I – Personal Attribution This blog has been written by Pritika Deepak /Associate at Fasken LLP Gifting property or making loans to family members is a common way for individuals to transfer and share their wealth with their loved ones. There are, however, several rules in the Income Tax Act (Canada)[1] (the “Act”), commonly referred to as the attribution rules, which prevent or restrict an individual from “income splitting”…..

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Canada Revenue Agency, Estate Planning, Real Estate, Tax Issues, Uncategorized
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