Estate Planning

Total 1067 Posts

“To give or not to Give?” is only the first part of the question – as important is “How”?

Charitable giving is often an important goal of a client’s planning.  As the title of this blog suggests, there are many ways to achieve this objective. What follows is a general overview of on of the options available for charitable giving- namely the establishment of a private foundation- and addresses some of the practical implications of same. Purposes and Categories A private foundation usually operates as a funder, i.e., it….

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Charitable Giving, Estate Planning

Preferred shares – Liability or equity?

There has been significant debate over the years regarding the financial statement presentation of redeemable or mandatorily retractable shares (RoMRS) as either a liability or equity. First, a bit of background When Accounting Standards for Private Enterprises (ASPE) were issued in 2011, it was determined that RoMRS should continue to be recorded at par, stated or assigned value in a separate component of equity.  An amendment to ASPE reporting of….

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Estate Planning

Proving Charitable Purposes

Charitable purpose trusts are given special status in the law. While most other types of trusts must have a clear end date, charitable purpose trusts may live forever. All other types of trusts have to have specific and defined beneficiaries, yet charitable purpose trusts may exist in order to further a “charitable purpose.” While courts are generous in determining whether the purpose of a trust is charitable, there are clear….

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Charitable Giving, Estate Administration, Estate Donations, Estate Planning, Fiduciary Professions, Philanthropy/Charitable Giving, Trusts

Shingeki no Kyojin: An Anime Unexpectedly About Family, Legacy and Succession

Last week, my colleague Yvonne Mazurak wrote a blog post about a recently-released television show, And Just Like That, discussing the estate planning issues highlighted by the events of the show. So, I thought I would provide a bit of a television recommendation show of my own…although my taste is a bit different. For this post, I’d like to highlight Shingeki no Kyojin (in English: Attack on Titan), one of….

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Estate Planning, Family Conflict, Healthcare, In the News, Interest, Wills

Valuation for Estate Planning – Some Hard Lessons

In a recent case in Tax Court, Lauria v HMQ 2021 TCC 66, the taxpayers, both officers and directors of a company held shares in the company as a result of employee share option agreements granted to them.  In early 2006, the company founders decided to pursue an initial public offering (“IPO”) of the company and hired an underwriter for that purpose. Apparently upon the advice of the company’s chief….

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Canada Revenue Agency, Courts, Estate Planning, Investments, Limitation periods, Tax Issues, Trusts, valuation

“And Just Like That”: Mr. Big’s big mistake and other take aways

This blog post has been written by YVONNE MAZURAK, Associate at Fasken LLP. Like many others, I spent a good chunk of my time off over the holidays catching up on “And Just Like That”, aka the reboot of the decade long 90s hit show which followed the lives of Carrie Bradshaw—a 30-something columnist living in NYC—and her three best friends.For those unfamiliar, the reboot continues following Carrie and her….

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Estate Planning, Uncategorized, Wills
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