Total 172 Posts
Law school requires reading an abundance of case law. I am sure that most lawyers have a few memorable cases that standout from their time in class (Lord Denning; the ginger beer snail etc.). There are cases that have stood the test of time; cases that caused a momentous shift in an area or aspect of law; and cases that have been in the news media and public discourse in….
[caption id="attachment_21138" align="aligncenter" width="518"] Holy Rosary Church, Portugal Cove South, Newfoundland, Terry Roberts, CBC[/caption] Portugal Cove South is a fishing village with approximately 86 residents on the Avalon Peninsula in Newfoundland. The town is home to a century-old Roman Catholic church, the Holy Rosary. In August 2024 the parishioners were informed by Archdiocese of St John’s that their church was sold without their consent for $48,000. The town fought back….
A Community Fights to Save its Church Continue Reading »
Estate Donations, Philanthropy/Charitable Giving, UncategorizedAs an estate planning professional, philanthropy is a great tool in your toolkit. However, if your client intends to incorporate philanthropy into their estate plan, the importance of including a cy‑près clause in their Will cannot be understated. If there is no cy‑près clause in the Will and the charity has ceased to exist, an application to the Court must be made for direction as to whether the gift has….
A Reminder of the Importance of a Cy-Près Clause Continue Reading »
Charitable Giving, Courts, Estate Administration, Estate Planning, Philanthropy/Charitable GivingHere’s a charity trade secret. One of the best products in a fundraiser’s toolkit is “donor recognition”, in particular naming a piece of real estate. Recognition is effective in inspiring donors, and for some, but not all, an important part of charitable giving. However, donor recognition sometimes produces a backlash from the public. Yes, donor recognition is gracious and pragmatic, but public space is branded by private citizens and money…..
Donor Recognition in the Commons Continue Reading »
Philanthropy/Charitable Giving, Uncategorized[caption id="attachment_21029" align="aligncenter" width="322"] Aura Vaucrosson, Canadian Charity Law Pioneer, with Malcolm Burrows[/caption] In the 1970s, Canadian charity law dramatically evolved and became imbedded in the Income Tax Act. While this is ancient history, I have personal connections with the drafting Working Group at the Department of Finance that I rediscovered. To my delight, after 45 years, I reconnected with one of the drafters in Ottawa this summer. Aura (Elliott)….
Canadian Charity Law’s Turning Point Continue Reading »
Philanthropy/Charitable GivingI recently spoke to an estate lawyer who told me she would never recommend certain charities to clients. Why? Because of the way these charities treated estate trustees. Some charities are unduly litigious, grind on fees, and are obstreperous about releases. It’s not the first time I’ve heard this comment from estate professionals – and some traumatized lay executors and family members. Sympathy for Charities It’s hard to evaluate the….
Charities have Fiduciary Duties as Estate Beneficiaries Continue Reading »
Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Uncategorized