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Firearms, Wills, Estates, and the impact of Bill C-21

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Bill C-21- An Act to amend certain Acts and to make certain consequential amendments (firearms)   This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP Estates practitioners should be aware that Bill C-21, the controversial legislation which imposes strict gun control provisions Canada-wide, received Royal Assent and became law on December 15, 2023.  Bill C-21 amends several federal statutes, including, inter alia, the Criminal Code of….

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Estate Administration, Estate Planning, Executors, Uncategorized, Wills

Section 3 Counsel’s Entitlement to Costs

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The Court in Gadula v Leroux, 2016 ONSC 6990 provided quite an interesting discussion regarding the entitlement of costs for all parties involved in a guardianship application and from where the costs were to be taken from. The issue of costs is unsurprisingly common in estate litigation and in litigation in general, because let’s face it, nobody likes spending money. The court made some especially intriguing comments regarding the entitlement….

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Charity Governance and Estate Donations

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[caption id="attachment_20630" align="aligncenter" width="333"] Richard Serra, Band, 2006[/caption] The headline is not intended to scare you off.  Admittedly, governance is a notoriously dull topic, made worse by the enthusiasm of governance wonks.  Charity governance is rarely a matter considered, at least overtly, by an estate donor when planning a gift by will. But strong governance is essential to good charities. Governance helps determine the current and future health of a charity.  Will….

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Estate Donations, Philanthropy/Charitable Giving, Uncategorized

Tax Considerations for Gifts of Art in Canada

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Gwenyth Stadig, Associate and Upama Poudyal, Articling Student  – Gowling WLG (Canada) LLP An increasing number of Canadian taxpayers are interested in giving pieces of art to charities or other qualified donees as part of their estate plans. Some of these Canadian taxpayers are choosing to make decisions to give such art during their lifetimes, while others are setting down a plan for their gifts of art to occur at….

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Charitable Giving, Estate Donations, Estate Planning, Uncategorized, valuation, Wills

Taxable Preferred Shares – Some Potential Relief for Specified Amounts

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Andrew Coates, Associate, Gowling WLG (Canada) LLP The potential tax implications of estate trustees finding themselves holding taxable preferred shares (“TPS”) owned by a deceased and the “substantial interest” exception for Part VI.1 tax was explored previously in the March 2, 2021 post, but TPS is a complicated subject so we will discuss another of the exceptions in today’s post: the “specified amount” exception. As a refresher, TPS is defined….

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Succession Planning, Tax Issues, Uncategorized

Wish lists are for more than just the holiday season

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This blog has been written by Mohena Singh [Associate] at Fasken LLP As we near the new year and reflect on another holiday season, many of us may have used this time to spend with family and friends or catch up on some much needed rest and recovery. This time of year also tends to be one filled with gift-giving and showing love to the special people in our lives…..

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Elder Care, Estate Administration, Estate Planning, Family Conflict, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Succession Planning, Uncategorized, Wills
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