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Taxpayers have rights too!

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As a Canadian taxpayer either alive or their estate, you (or your personal representative) has rights in your dealing with the Canada Revenue Agency (CRA) as follows: To receive entitlements and to pay no more and no less than what is required by law. To service in both official languages. To privacy and confidentiality. To a formal review and a subsequent appeal. To be treated professionally, courteously and fairly. To….

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Canada Revenue Agency, Costs, Estate Administration, In the News, Trustee, Uncategorized

The New World of Posthumous Conception

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The All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016, S.O. 2016, c. 23 (the “Act”), received Royal Assent on December 5, 2016, and the provisions of the Act discussed in this blog came into force on January 1, 2017. The Act introduces a new regime for determining parentage in Ontario, primarily through substantial amendments to the Children’s Law Reform Act (“CLRA”) and the Vital Statistics….

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Endowments and Perpetuity

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“Is perpetuity 21 years?” asked a charity colleague.  “No, it’s forever, until the end of time, or as long as we collectively exist,” I answered.  Despite my pedantic response, the question is a good one because it underscores the inherent meaninglessness of the phrase “in perpetuity” in relation to charitable endowments. My colleague’s charity was reviewing its endowment policy and having an internal debate about the term of funds.  One opinion….

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Philanthropy/Charitable Giving, Uncategorized

CHARITABLE GIFTS AND GRADUATED RATE ESTATE DESIGNATIONS: CAN YOU GIFT BEFORE YOU DESIGNATE

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Assume Mr. X died in early 2016. Mr. X’s estate appears to meet all of the requirements to be a graduated rate estate (“GRE”), except the 1st return has not been filed as yet to formally designate it a GRE. The estate made a charitable donation in early 2017; at the time of the donation, the estate had not met all the requirements of the GRE definition in the Income….

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Canada Revenue Agency, Charitable Giving, Estate Administration, Estate Donations, Estate Planning, In the News, Property, Tax Issues, Uncategorized

Who wants to live forever……………through a digital bot version of themselves?

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This Blog was written by Robert Boyd Absurd as the title may suggest, this is a possibility. The technology now exists for a robot to tweet, send and reply to text messages and post on social media profiles after a person’s death. The Artificial Intelligence(AI) will mimic the deceased’s personality and recreate communications in the same style as they would while they were alive, even taking on their sense of….

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Estate Administration, In the News, Uncategorized

Fresh From the Ontario Court of Appeal: A Curious Case of “Just” Enrichment

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This month, the Ontario Court of Appeal released its decision in Moore v. Sweet, 2017 ONCA 182. The case discusses several issues, but its discussion of unjust enrichment carries the day. In particular, the decision hinges on whether an irrevocable beneficiary designation executed subsequent to an agreement to designate a different beneficiary of the policy constitutes a juristic reason for the enrichment of the irrevocably designated beneficiary. The essential facts….

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