Philanthropy/Charitable Giving

Total 173 Posts

Thank You for Being a Friend – The Legacy of Betty White

Today’s blog has been written by Jessica J. Butler, Law Clerk at Fasken LLP Betty Marion White was born on January 17, 1922 and passed away at her home on December 31, 2021 – just 17 days shy of her 100th birthday. “I feel like crawling under the covers and eating Velveeta right out of the box” – a quote from one of Betty’s most well-known performances as on The Golden….

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Charitable Giving, Estate Planning, In the News, Philanthropy/Charitable Giving

Wine and Estates Revisited

When I last wrote about wine and estates it was 2019. A distant epoch. The Canadian situation has changed dramatically since then. Not only have I been drinking more and better wine (I’m not alone), but the secondary wine market has changed. It’s more liquid, if you will. This is helpful to wine collectors and executors. What’s Changed? The pandemic lock downs of 2020 disrupted long-held, post-prohibition rules around wine….

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

Donor-Advised Funds: Benefits and Drawbacks of the Increasingly Popular Means of Philanthropic Giving

A donor-advised fund is established when a donor makes a contribution to a foundation or financial institution and that fund operates much like a trust fund in that the donor (like a settlor) does not retain legal ownership over any property they place in the fund. However, the foundation or financial institution administering the property “provides administrative and investment assistance to the donor and gives the donor advisory privileges about how it should deal with the donated property.”….

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

Name That Charity!

“Name That Charity” sounds like a failed 1960s game show. Instead, it is an approach to estate planning that paradoxically may discourage charitable giving. This is an observation made by Kathy Hawkesworth of the Edmonton Community Foundation in a recent presentation to the Society of Estate and Trust Practitioner (STEP). Kathy’s point is financial advisors and estate lawyers often put their clients on the spot. Do they have charitable interests?….

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

Estate Donations of Private Company Shares

One of the concerns about the “estate donation” rules when they were introduced in 2016 is illiquid property would be harder to donate and administer. Perhaps the most challenging type of illiquid property is private company shares. Five years of experience with the system has validated some concerns and produced planning solutions. Pre-2016 The “estate donation” rules, which were introduced alongside the graduate rate estate regime, are a significant departure….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving

Restricted Charitable Bequests

One the biggest trends in philanthropy of the last thirty-years is the rise of donor-directed or restricted giving.  Donors want more control, which typically results in more restrictions being placed on gifts. But there are risks of placing restrictions on a charitable gift by will. Failure and Cy Pres Simply, a restricted gift will fail if the charity is unable to honour the restriction. In Canada, the recourse is to….

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