Estate Planning

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TFSA and the Non-resident

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[caption id="attachment_6317" align="alignnone" width="300"] Muskoka Chairs[/caption] With mobility on the rise, it is expected that a person leaving Canada will have to visit the rules on tax-free savings accounts (TFSA) and Canadian tax residency.   Executors may have to consider the TFSA rules if a deceased’s will calls for the transfer of a TFSA account to a non-resident will beneficiary. If a Canadian tax resident has a TFSA and leaves Canada,….

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Canada Revenue Agency, Estate Planning, Executors, Tax Issues

Income Splitting Loans: What’s the Use?

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We have blogged about income splitting arrangements available to individuals who wish to loan funds to his/her lower income spouse or adult child, or in the case of minor children, a discretionary family trust. Such loans would be used to invest in income producing properties such marketable securities, mutual funds, real estate income trusts (to name a few). The income from these properties less the interest paid on the loans….

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Canada Revenue Agency, Estate Planning, Interest, Investments, Property, Spouse, Tax Issues, Uncategorized

Intrinsic v. Extrinsic Giving

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There is a fundraising truism that says you don’t get money unless you ask for it. But as estate planning professional know that’s not always true. A difference between lifetime gifts made directly to charity and estate donations is motivation. Often lifetime gifts are extrinsically motivated; estate donations are more likely to be intrinsically motivated. In other words, most everyday gifts are the result of an external solicitation; estate donations….

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

Allsorts of Potential Problems with Joint Bank Accounts

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This blog was written by Ronald Neal, student-at-law at de VRIES LITIGATION LLP. What happens to the money in a joint bank account when one of the joint account owners passes away? Do the funds pass to the surviving joint owner outside of the estate, or do the funds form part of the deceased joint owner’s estate? The Ontario Superior Court of Justice considered these questions in its recent decision….

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Estate Planning, Wills

Gift of securities by executors of a will (continued)

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The Canada Revenue Agency provided its views regarding the income tax implications of a gift made by executors of an estate of a deceased individual.  The information that follows is based on a revised set of facts The taxpayer died in 2016.  His Will named his three sons as equal beneficiaries and co-executors, with no designation of amounts to be given to charitable organizations but giving the co-executors the flexibility….

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Canada Revenue Agency, Estate Planning, Executors, Tax Issues

A Gift is a Gift

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We often write about the benefits (and some pitfalls) of gifting, before and after death. Personally, when I recommend gifting, I assume that unless there are specific outcomes required to realize on the gift, a gift is exactly that, a gift – something transferred voluntarily without expectation of getting it back because you changed your mind.  A recent court case appears to support this assumption. According to Johnston v. Song, 2018….

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Charitable Giving, Estate Planning, Family Conflict, Investments, Probate Tax, Property, Real Estate, Separation, Spouse, Uncategorized
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