Executors

Total 345 Posts

Spousal Rollover and Substituted Property

• • 0 Comments

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….

Spousal Rollover and Substituted Property Continue Reading »

Canada Revenue Agency, Estate Planning, Executors, Tax Issues

Trust Filing Deadlines and Penalties

• • 0 Comments

With a new year is upon us it is important to keep in mind the various filing deadlines for trusts and estates (a trust). Generally, a trust has to file an annual income tax and information return (T3) if the trust earns income or makes annual distributions. The T3 along with any balance owing and the beneficiary trust information slips are due no later than 90 days after the year-end…..

Trust Filing Deadlines and Penalties Continue Reading »

Canada Revenue Agency, Executors, Tax Issues

Milne Estate (Re)visited

• • 0 Comments

Today’s blog was co-authored by Joanna Lindenberg and Ronald Neal The decision of Milne Estate (Re) (“Milne”) caused a stir among the members of the estates bar and solicitors who draft wills, going so far as to illicit an alert from LawPRO. While the Milne decision (which is under appeal) has garnered a great deal of attention and commentary from lawyers (including Justin de Vries’ blog, which you can read….

Milne Estate (Re)visited Continue Reading »

Contested wills, Estate Administration and Probate Applications, Estate Planning, Executors, In the News, Succession Planning, Trusts, Wills

Not So Fast – Who Controls the Body?

• • 0 Comments

“He knows where the bodies are buried” is a throwaway line from Orson Wells’ cinematic masterpiece, Citizen Kane. That line soon took on a life of its own and entered the cultural vernacular. In the world of estates, a more frequent problem is not finding the bodies but deciding where to bury the bodies. In Miller v. Miller, 2016 ONSC 6625, Justice Myers of the Ontario Superior Court of Justice….

Not So Fast – Who Controls the Body? Continue Reading »

Estate Administration, Estate Litigation, Executors, Family Conflict, Funeral Planning, Succession Planning, Wills

Have You Considered Your RESP in Your Estate Plan?

• • 0 Comments

This Blog was written by: Alicia Godin, Estate and Trust Consultant, Scotiatrust A Registered Education Savings Plan (an “RESP”), is a type of tax deferred savings plan that parents, grandparents and other adults can open to save for the cost of a beneficiary’s post-secondary education. The beneficiary of an RESP is often a child or grandchild. I have recently had a number of questions about what happens to an RESP….

Have You Considered Your RESP in Your Estate Plan? Continue Reading »

Estate Administration, Estate Planning, Executors, RESP

Creation of a Trust

• • 0 Comments

The Canada Revenue Agency (CRA) provided guidance on when a testamentary trust is considered to have been created for purposes of the 21 year deemed disposition rule. A trust is deemed to have disposed of its capital property for proceeds equal to the fair market value of the property at the end of the deemed disposition date and to have re-acquired the property immediately after the day for an amount equal….

Creation of a Trust Continue Reading »

Canada Revenue Agency, Estate Planning, Executors, Tax Issues, Wills
Scroll to Top