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Total 680 Posts

Mental Illness and Medical Assistance in Dying: Changes to the Law Coming Soon

This blog was written by Christopher Cook, student-at-law. Medical assistance in dying (“MAiD”) is yet in its infancy in Canada. It was only in 2015 that the Supreme Court of Canada struck down as unconstitutional the Criminal Code’s prohibition on physician-assisted suicide. The following year, the Parliament of Canada amended the Criminal Code to permit MAiD for those suffering from grievous and irremediable physical or physiological medical conditions. On March….

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Investing Prudently in Trusts for Dependents with Disabilities

Like so many other things, continuing care and living costs are on the rise. Whether you are a Henson Trust Trustee or a Discretionary Inheritance Trust Trustee, the onus to prudently manage investments is more crucial than ever. It is also imperative that investment plans fit the circumstances of the beneficiary in order to maximize investment value. That being the case, a Trustee for a Henson Trust is called upon….

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Direct Designation Estate Donations

A direct designation gift of RRIF or life insurance proceeds is an estate donation, but lawyers and executors have little or no role to play. Normal procedural and disclosure rules don’t apply. How do charities ensure they receive their intended gift? How does the estate receive its tax receipt? Direct Designation Donations Deemed or direct designation gifts were introduced in the Income Tax Act in 2000 to address a fairness….

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The Incapable Foreign Beneficiary

If you’re a frequent reader of this blog, then by now it you should know that acting as a trustee comes with a minefield of obligations and duties. Sorry folks, but I’m adding one more to the pile. The Case In Galea v. Tybel et al., a trustee of a trust located in Ontario sought to wind up the trust and distribute the funds, held for the benefit of a….

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Guardianship, Trustee, Trusts, Uncategorized

New Trust Reporting Requirements Postponed Yet Again!

Today’s blog was written by Pritika Deepak, Associate at Fasken LLP. Several tax practitioners and professionals alike breathed a sigh of relief on November 3rd, 2022, when Parliament confirmed that the enhanced tax reporting obligations for trusts shall be postponed once more. As per draft legislation published on August 9, 2022, the application of such enhanced rules was expected to apply to taxation years ending after December 30, 2022. Fortunately,….

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Canada Revenue Agency, Tax Issues, Trusts, Uncategorized

Can a trustee demand financial information from a beneficiary?

This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management  A trustee is responsible for carrying out the terms of a trust. Choosing the right trustee is essential to the success of any estate plan but it is also incredibly helpful to give them tools and instructions to assist them in carrying out their role. Trustees have a number of powers as well as fiduciary duties….

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