Estate Planning

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Estate donations, Time and Flexibility

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Last week I visited Princess Margaret Cancer Centre in Toronto for a grant status update meeting with a family foundation. I used to work at the Princess Margaret Cancer Foundation, but left 20 years ago. Returning after two decades provided me perspective on two key charitable estate planning considerations: time and flexibility. The Cancer Centre and the treatment of cancer has changed massively since I worked there. An obvious sign….

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

Supreme Court Blesses Henson Trusts

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The Supreme Court of Canada has given its blessing to Henson Trusts (fully discretionary trusts set up to not impact the beneficiary’s social assistance benefits) in S.A. v. Metro Vancouver Housing Corp., 2019 SCC 4. I previously blogged about this case when it was before the Court of Appeal. The Metro Vancouver Housing Corporation (the “Landlord”) provides affordable rental housing in Vancouver.   The Landlord requires prospective tenants to provide evidence….

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Estate Litigation, Estate Planning, Trusts

Amendments to the CBCA: Implications for the Valuation of Interests in Trusts?

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Amendments to Canada Business Corporations Act (“CBCA”), will come into force mid-2019 which will require each private CBCA corporation to maintain a register listing the actual individuals (i.e., physical persons with name, address and date of birth and tax jurisdiction) with significant control in fact over the corporation including individuals who are beneficial shareholders with significant control: an individual who is a registered or beneficial owner of, or who has….

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Canada Revenue Agency, Estate Planning, Interest, Investments, Property, Tax Issues, Trustee, Trusts

Broken Resolutions, New Opportunities

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Let’s be honest, you’ve already broken your New Year’s Resolution. But even though it’s January 24th, we haven’t missed the boat. January is a time for new opportunities, so why not target Chinese New Year on February 5th? Look at us! Embracing other cultures and being our best selves! Here are some ideas for your Lunar Calendar Resolutions….. More R-E-S-P-E-C-T  for Estate and Trust Professionals When Aretha Franklin famously sang….

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Estate Planning, In the News

Spousal Rollover and Substituted Property

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Suppose the will of a deceased taxpayer provides that certain assets are to be transferred to a spousal or common law partner trust.  Before doing so, and while property of the estate is being administered, certain property might change or be substituted by the Estate.  For example, shares might be converted from one class to another.  If so, is the spousal rollover still available? When a taxpayer dies and certain….

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Canada Revenue Agency, Estate Planning, Executors, Tax Issues

A Joint Tenancy Gone Awry

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Many of my fellow bloggers have blogged about joint tenancies, whether the focus of those blogs was on a case where the facts involved a joint tenancy or was to simply advise of the issues and risks related thereto. (See Brittany Sud’s blog on January 19, 2018, Steven Frye’s blog on June 6, 2017, and my blogs of July 29, 2016 and November 11, 2010). This blog is going to….

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Estate Litigation, Estate Planning, Family Conflict, Property
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