Estate Planning

Total 1076 Posts

Bill 245: Innovative Updates to the Succession Law Reform Act

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Dear readers, As you might recall, last April (of 2020) was the height of the first wave of the COVID-19 pandemic in Ontario. As part of our government’s efforts to keep Ontarians safe while still allowing access to justice, an emergency order was brought at that time to allow virtual witnessing of powers of attorney and wills. These changes were brought on a temporary basis, with the tock-down measures imposed….

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Estate Administration, Estate Planning, In the News, Interest, Uncategorized

No plan is usually not the best plan

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When faced with making decisions, doing nothing is an option and for some decisions that could be the most viable option. However, In the world of estate planning, doing nothing rarely turns out to be a good idea. We can all point to an example of executing a deceased’s estate gone wrong.  Most times a disastrous estate situation could have been avoided or mitigated if the deceased would have done….

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Estate Planning, Wills

Inconsistency in CRA policy for dividends paid to a deceased beneficiary

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A recent article discussed taxation anomalies that occur due to timing differences between when a trust receives a dividend and subsequently pays and allocates a dividend to a beneficiary. CRA view 2016-0647621E5 provides that when a trust receives a dividend in the year and subsequently pays and allocates the dividend to a beneficiary in the same year, the allocation of the dividend for tax purposes occurs on December 31 of the year because….

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Canada Revenue Agency, Estate Administration, Estate Planning, Executors, Tax Issues

What is a Reasonable Error

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Further to my last post, the Canada Revenue Agency (“CRA”) does have the discretion to waive tax penalties on excess (or deemed to be excess) contributions to Tax Free Savings Accounts (“TFSA’s) and Registered Retirement Savings Plans (“RRSP”) if an excess contribution  to a TFSA or RRSP resulted from a reasonable error under the applicable sections of the Income Tax Act (“ITA”). With regard to TFSA’s, it would be for….

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Estate Planning, In the News, Investments, Property, Tax Issues, Uncategorized

Disability Tax Credit

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The 2021 Federal Budget included proposals that would see an expansion of the Disability Tax Credit to more Canadians. The Disability Tax Credit (DTC), with a value of $1,299 for 2021, is a non-refundable credit intended to offset the impact of disability-related costs. In order to claim this credit, a taxpayer must have a certificate confirming they have a severe and prolonged impairment in physical or mental function, or be….

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Canada Revenue Agency, Capacity Law, Caregiving, Disability, Elder Care, Estate Administration, Estate Planning, Executors, Tax Issues

Suggestions to Reduce the Potential for Elder Financial Abuse

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I suggest that improved screening for vulnerability to abuse is clearly needed for seniors appointing family members as attorneys for property…..

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Capacity Law, Caregiving, Elder Care, Estate Planning, Family Conflict, Fiduciary Professions, Geriatric Care Management, Guardianship, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Powers Of Attorney and Guardianship Disputes
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