Trusts

Total 213 Posts

Time to Refreeze: Redux

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The freezing of current share value so that your chosen successors can easily participate in the future growth of your enterprise is a common estate planning technique. What if the value of the frozen shares now exceeds the value of the enterprise as a whole? I wrote about this sometime ago and I think the current economic circumstances create an opportunity to revisit it. The Covid-19 crisis has lead to….

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Business Succession Planning, Canada Revenue Agency, Estate Planning, In the News, Investments, Property, Real Estate, Small Business, Succession Planning, Tax Issues, Trusts, Uncategorized, Wills

Hidden Fees – A Breach of Trust

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Registered accounts are often set up as express trust accounts, with the bank acting as trustee and the account holder as beneficiary. In these cases, banks are subject to all the same fiduciary duties and responsibilities that apply to all trustees – meaning they cannot charge hidden fees…..

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Compensation, Contracts, Estate Litigation, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Compensation, Trusts

Clash of the Limitation Periods

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The Limitations Act, 2002, SO 2002, c 24, Sch B, brought order and clarity to limitation periods in Ontario. However, the Limitations Act did not displace all existing limitation periods established by statute. The Limitations Act carves out several exceptions, including the Real Property Limitations Act, RSO 1990, c L.15 and s. 38(3) of the Trustee Act, RSO 1990, c T.23 (see ss. 2(1)(a) and 19(1) of the Limitation Act)…..

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Estate Administration, Estate Litigation, Estate Planning, Executors, Family Conflict, Property, Real Estate, Spouse, Succession Planning, Trusts, Wills

Charitable Remainder Trusts in Canada

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The Charitable Remainder Trust (CRT) is a gift planning structure that rarely works in Canada.  An import from the U.S. – where it is an integral part of the gift and estate tax regime – the CRT in Canada has fewer tax and planning benefits.  It’s a foreign plant that doesn’t thrive in the Canadian soil. CRTs in the U.S. Introduced in 1969, U.S. CRTs are a defined structure in….

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

A note on Crypto Currency

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Wikipedia defines cryptocurrency (or crypto currency) as a digital asset designed to work as a medium of exchange that uses strong cryptography to secure financial transactions, control the creation of additional units, and verify the transfer of assets. Cryptocurrencies use decentralized control as opposed to centralized digital currency and central banking systems. The decentralized control of each cryptocurrency works through distributed ledger technology, typically a blockchain, that serves as a….

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Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, In the News, Investments, Trusts, Uncategorized, Wills

Why Plan For One When You Can Plan For Generations?

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This blog was written by Alex Fournier The Trust industry has shifted its focus towards servicing the biggest market segment yet to be seen – the Baby Boomers. With the biggest intergenerational wealth transfer coming, it is the most logical course of action to undertake. In Canada alone, reports speculate that a staggering $1.1 trillion worth of assets will be passed on to numerous generations over the next decade. Although Millennials….

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Estate Planning, Power of Attorney, Trusts
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