Executors

Total 348 Posts

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

Unexpected Death? Apply for an Extension

• • 0 Comments

Death is difficult to control. It has also proved impossible to avoid. However, married spouses are given greater options than the rest of us – they can choose to inherit their deceased partner’s estate under the Succession Law Reform Act or the Family Law Act. When a married spouse dies without a will, the default is that his or her estate will be distributed pursuant to the rules set out….

Unexpected Death? Apply for an Extension Continue Reading »

Estate Administration, Estate Litigation, Executors, Property, Spouse

Tax Appeals in Estates and Legal Standing

• • 0 Comments

In the land of income taxes and income tax law, it is generally understood that a taxpayer cannot appeal another taxpayer’s assessment without legal standing to do so. This is particularly relevant when the taxpayer being assessed or re-assessed is deceased. In the Estate of Straessle v. the Queen 2018 DTC 1106, the issue of legal standing was put to the test with interesting results. Sometime ago, The Canada Revenue….

Tax Appeals in Estates and Legal Standing Continue Reading »

Canada Revenue Agency, Estate Administration, Executors, Tax Issues, Trusts, Uncategorized

Trust Return Due Date on Wind-up

• • 0 Comments

The Canada Revenue Agency (CRA) recently provided its view on the due date of a trust information and income tax return (T3) in the year a trust is wound up. Where a trust is wound up by distributing all of its property to its beneficiaries, does the T3  have to be filed within 90 days of the date of wind up date or within 90 days of the calendar year-end? Depending….

Trust Return Due Date on Wind-up Continue Reading »

Canada Revenue Agency, Executors, Tax Issues
Scroll to Top