Estate Planning

Total 1065 Posts

Neuroimaging and Capacity

Neuroimaging and Dementia
Technology has increasingly allowed us to peek into the brain, and medical professionals, scientists, lawyers, and laypeople increasingly form opinions of what these images tell us. When it comes to understanding the human mind, humans are more likely to trust brain imaging data as more authoritative and credible than behavioural data…..

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Elder Care, Estate Planning, In the News, Wills

Revival Trusts: Dead on Arrival?

This blog was written by Lara Besharat Benjamin Franklin famously wrote that “in this world nothing can be said to be certain, except death and taxes.” A hundred and seventy-eight years later, the Alcor Life Extension Foundation undertook to disprove this generally accepted inevitability. In 1967, James Bedford became the first person to be cryonically preserved after death in the hopes of someday being brought back to life. For up to $200,000 (not including….

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Estate Planning, In the News, Uncategorized

SHAREHOLDERS AGREEMENTS, EXIT PROVISIONS AND THE IMPACT OF CONTROL

Control is an important concept for applying certain income tax rules and valuation issues (amongst others) when dealing with corporations, with serious implications to current and future (and estate) planning scenarios. De jure control refers to legal control of a corporation, which requires a look at shareholdings. Control in fact, or “de facto control”, (“DFC”) is a broader concept that focuses on influence rather than legal control. As a result,….

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Business Succession Planning, Canada Revenue Agency, Contracts, Estate Planning, Investments, Property, Small Business, Succession Planning, Tax Issues, Uncategorized

Estate Planning, Trusts, and Family Law

Inter vivos trusts are often used in the estate planning process to manage and preserve family wealth across generations. Within that broad framework, such trusts are used for a variety of reasons. Parents or grandparents may want to establish a vehicle for funding the education costs of future generations. A parent may be concerned about a fraudster taking advantage of an adult child with diminished mental capacity. A business owner….

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Estate Planning, Trusts

“Just in case anything happens while I’m away…”

It’s that time of year again for estate planners: the season of calls from clients about to leave for vacation, who realize that they haven’t updated their Will in years. These clients typically want to make sure they update their documents before departure, “just in case anything happens while I’m away…” I’ve often wondered after working on such a file whether the client’s worry is supported by evidence: are you….

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Estate Planning

In Whose Best Interests? Estate Planning for Artists

A recent case involving the estate of Canadian artist and figure skating legend, Toller Cranston (“Toller”), highlights the importance of estate planning for artists.  Administering posthumous intellectual property can be complex and without guidance from the testator, disputes will often arise between trustees and the estate’s beneficiaries due to competing interests. Toller died in 2015 while living in Mexico.  He left no will. Toller was a prolific artist and his….

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Estate Planning, Executors, Wills
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