Trusts

Total 213 Posts

NEWLANDS: A NEW INTERPRETATION OF ESTATE FREEZES IN THE FAMILY COURTS?

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This blog has been written by Darren Lund, Partner at Fasken LLP In Lang-Newlands v. Newlands, 2024 ONSC 6285, the Ontario Superior Court of Justice revisited the treatment of a discretionary family trust in the context of the equalization of net family property under the Ontario Family Law Act. Barbara Lang-Newlands (“Barb”) and Ian Newlands (“Ian”) were married on August 21, 1987 and separated on July 31, 2019. There were….

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Estate Planning, Family Conflict, Separation, Succession Planning, Trusts

Closer to Answering “Is This a Bare Trust?”

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Tangled Ropes Photo by Malcolm Burrows

Andrew Coates, Associate, Gowling (WLG) Canada In April, I wrote an article about the Canada Revenue Agency’s (the “CRA”) 11th hour reversal on requiring bare trusts to file T3 returns and Schedule 15s because of the confusion of Canadians and tax professionals alike in answering the question: is this a bare trust? It seems we are getting closer to answering this question based on an announcement from CRA on October….

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Canada Revenue Agency, Tax Issues, Trusts

Ghosts, Goblins and…Wills? It’s time for Spooky Season (aka Estate Planning Season)

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP. With the colder months approaching, it’s the time of year when people start considering (or re-considering) their estate plan. But when it comes time to sit down and make a Will, people can often become overwhelmed by the complexity of the process. A lot goes into an estate plan that the average person may not consider at the….

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Estate Planning, Trusts, Wills

Equalizing an Estate Where One of More Children are U.S. Persons and Planning Strategies Where There Are U.S. Beneficiaries; Part III

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This is Part III of a three-part blog series. Parts I & II can be found at the following respective links: https://allaboutestates.ca/equalizing-an-estate-where-one-of-more-children-are-u-s-persons-and-planning-strategies-where-there-are-u-s-beneficiaries-part-i/ and https://allaboutestates.ca/equalizing-an-estate-where-one-of-more-children-are-u-s-persons-and-planning-strategies-where-there-are-u-s-beneficiaries-part-ii/. Parts I & II discussed a few issues to consider if a client’s intention is to equalize their estate amongst their children where one or more children are U.S. Persons (such U.S. children, a “U.S. Child”). This Part III builds on Parts I & II and….

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Estate Planning, Executors, Tax Issues, Trusts, United States, US Taxes, Wills

Revisiting the “Granny Trust”

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This blog has been written by Rahul Sharma, Partner, Fasken Martineau DuMoulin LLP, Toronto The world is ever-changing.  The UK non-domiciliary regime is ending, although with what appear to be potentially helpful tax measures available to new residents for a four-year period.  Certain favourable golden visa programmes in European countries are also ending or otherwise changing.  And Italy just now doubled its flat tax for ex-patriots from €100,000 to €200,000 per….

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Estate Planning, International, Tax Issues, Trusts

Can You Trust This Purpose? (And Some Local Rugby History)

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This blog post was written by Darren G. Lund, a Partner at Fasken LLP I recently had occasion to work with a type of trust that is less common for estate planners than the typical testamentary or inter vivos family trusts we see every day: the non-charitable purpose trust. Coincidentally, there is a relatively recent decision of the Ontario Superior Court of Justice that provides a succinct summary of the….

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Trusts, Uncategorized
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