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Total 678 Posts

Should you Remove an Executor?

This Blog was written by Edward Ngo, Estate and Trust Advisor at MD Private Trust Company which is part of Scotia Wealth Management As the autumn leaves begin to fall and the cold air catches our breath, I remind myself there is no such thing as a simple will or a straightforward estate. The same can be said for an executor named in a will, where each appointed family member or friend carries….

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Executors, Uncategorized

Charitable Gifts on Death: Who can Claim the Donation Tax Credit?

Today’s blog is being written by Jonathan M. Charron, senior associate at Fasken’s Montréal office.   The tax rules applicable to charitable gifts on death have changed considerably since 2016. These new rules aim inter alia at providing more certainty as to the tax treatment of such gifts and more flexibility in terms of who, between a deceased and his or her estate, can actually claim a donation tax credit….

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An Introduction and Some Reminders about Charitable Gifts

  Today’s blog was written by Yvonne Mazurak, Associate at Fasken LLP   Hi AAEB community! This is not my first time contributing to the blog, however, it is my first time writing as a newly licensed lawyer and I thought I would take this opportunity to introduce myself. I would like to say that it was my plan all along to end up here, with Fasken’s Private Client Services….

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Restricted Charitable Bequests

One the biggest trends in philanthropy of the last thirty-years is the rise of donor-directed or restricted giving.  Donors want more control, which typically results in more restrictions being placed on gifts. But there are risks of placing restrictions on a charitable gift by will. Failure and Cy Pres Simply, a restricted gift will fail if the charity is unable to honour the restriction. In Canada, the recourse is to….

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

INSURANCE TRACKING SHARES

If a taxpayer owns shares of a corporation and passes away, he or she is deemed to have disposed of their shareholding at fair market value (“FMV”) unless a tax-free rollover is applied (e.g., rollover to a surviving spouse). The disposition of shares may cause a tax liability. In the circumstance where this shareholding was in the form of a significant shareholding in a privately held corporation, there may be….

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Business Succession Planning, Canada Revenue Agency, Estate Planning, Insurance, Investments, Property, Small Business, Succession Planning, Tax Issues, Trusts, Uncategorized

Joint Accounts Held as Tenants in Common: A Tool to Avoid Litigation

This blog was written by Holly LeValliant Perhaps one of the most litigious issues in the area of estate law is the question of whether a joint account passes on survivorship when one of the owners dies, or whether the survivor holds the balance of the account in trust for the deceased’s estate. Joint ownership of bank accounts between parents and children is common and can be a convenient tool….

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