Estate Planning

Total 1075 Posts

Breaking Up is Hard to Do – Ceasing to be a Canadian Tax Resident may be Easier Said than Done

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This blog has been written by Rahul Sharma, Partner, Fasken Martineau DuMoulin LLP, Toronto My blog posts so far this year have focused on the significant volume of new residents to Canada and the associated tax and legal considerations, particularly where new residents are entering the Canadian tax system with assets and investments in their countries of origin or other global jurisdictions.  In this blog post, I flip the discussion….

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Canada Revenue Agency, Canadian and US Tax Treaty, Estate Planning, Tax Issues, Uncategorized

Tax Implications and Considerations involving the Death of a Shareholder of a Private Corporation

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Today’s blog was written by Pritika Deepak, Associate at Fasken LLP This is the last part of a three-part blog series which provides a broad overview of some of the tax implications to consider, with respect to certain assets held at death. Part I, which addresses RRSPs can be found here: https://allaboutestates.ca/what-happens-when-a-taxpayer-dies-with-a-registered-retirement-savings-plan/ and Part II, which addresses exempt Life Insurance Policies can be found here: https://allaboutestates.ca/tax-implications-for-exempt-life-insurance-policies/. Part III of this….

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Estate Administration, Estate Planning, Tax Issues, Uncategorized, Wills

When Families Collide with Constructive Trusts

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Families often fall into patterns and routines; they are comfortable, stable, and predictable. They can also give rise to legal rights over land. The extent and enforceability of those rights is often put to the test following death or divorce. Such was the case in Tomek v Zabukovec, 2020 ONSC 2930. History of the Property Joseph Sr. (the “Deceased”) and his wife Mary had two sons, Joseph Jr. (the “Husband”)….

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Contracts, Estate Litigation, Estate Planning, Executors, Family Conflict, Limitation periods, Property, Resulting Trust

Ontario Courts determine what constitutes a valid will

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This blog has been written by Mohena Singh, Associate at Fasken LLP In Ontario, there have always been strict and specific guidelines as to what makes a will a testamentary document. The Succession Law Reform Act, R.S.O. 1990, c. S.26 (the “SLRA”) states that a will is valid only if it is in writing and it is signed by the testator and two witnesses, who do not benefit under the….

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Contested wills, Estate Planning, Wills

Gifting 101 – Ademption and Abatement

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Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. The world of wills and estates is a complex one, and it can be easy to lose sight of the bigger picture.  A refresh of keystone practice elements can help remind us to see the forest through the trees.  In this blog, we’ll work through some of the basics of gifting using the concepts of ademption and….

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Estate Planning, Property, Wills

Leveraging the Longevity Dividend – in an Ageing Canada

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We are in the midst of a longevity revolution where people live longer and healthier lives. Economists in the US and UK have written about the longevity dividend or the benefits we could realize with this significant societal shift. Canadian institutions such as governments, corporations, and academics are starting to take note. The Longevity Dividend Last week, I attended a conference at the University of Toronto entitled the “Future of….

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Elder Management, Estate Planning, Smart Ageing
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