Succession Planning

Total 152 Posts

To Be or Not to Be a Spouse: A Follow-Up on Enns V The King

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Maddi Thomas, associate, and Donya Ashnaei, articling student, Gowling WLG (Canada) LLP Background I wrote a blog post on Enns v the King, 2023 TCC 28, last year. This case was significant for estate planners, as the ruling extended the Canada Revenue Agency’s (“CRA”) reach under section 160 of the Income Tax Act (the “Act”). A little over a week ago, the Federal Court of Appeal (“FCA”) overturned the TCC’s….

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Appeals, Spouse, Succession Planning, Tax Issues

All I Want for Christmas is Legal Ownership of My Yorkshire Terrier

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Pictured: My beloved dog, Yuki, in her Christmas tree outfit. When thinking about what to write for this week’s blog post, I realized that I have the last Fasken slot before Christmas. This got me thinking: what can I write that’s relevant to the holidays? It then dawned on me that this is the first Christmas that I’ll be spending with my new dog, Yuki. Coincidentally, there have been a….

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Appeals, Costs, Courts, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Guardianship, In the News, Joint Tenancy, Separation, Spouse, Succession Planning

Nuances with registered plans: Things to remember

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Today’s blog was written by Kelsey Buchmayer, associate with the Ottawa office of Gowling WLG (Canada) LLP Registered plans are an important factor to consider in an individual’s estate planning, whether it’s from a tax-planning perspective, bypassing probate and probate fees, or distributing assets in a specific manner. There are however some nuances when it comes to registered plans that should be kept in mind. Appointing a Successor Holder for….

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Succession Planning, Tax Issues

U.K. Tax & Inheritance Tax – What’s New?

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There have been many changes since my article on the U.K. Inheritance tax (“IHT”) applying to a Canadian resident. Indeed, we’ve seen a Spring U.K. budget introducing an overhaul of the U.K. resident non-domiciled individuals (“non-doms”) regime, a U.K. election bringing a new government and another Autumn budget. It has been an exhausting few months keeping up with the U.K. tax changes. What does it mean to Canadians? IHT Moving….

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Estate Administration, Estate Planning, International, Succession Planning, Tax Issues

“Can you tell me a bit about your practice?”

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This week, like many law firms in Toronto, Fasken participated in the annual 2L student recruitment process. I had the opportunity to meet many wonderful students, all with impressive backgrounds and bright futures ahead. I was asked by many of the students about my practice, and what I enjoyed most about estate planning. It was a great opportunity to reflect on what I love about my work. I thought I….

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Estate Planning, Practice Management, Succession Planning, Wills

The New Canadian Entrepreneurs’ Incentive and Your Succession Plan

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Donya Ashnaei articling student and Maddi Thomas, associate, Gowling WLG (Canada) LLP Introduction Following a year marked by low GDP growth, high inflation, and rising interest rates, the federal government unveiled several proposed measures in Budget 2024, including an increase in the capital gains inclusion rate from 50% to 66.67% for corporations and trusts, and from 50% to 66.67%  on the portion of capital gains realized in the year that….

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Succession Planning, Tax Issues
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