Uncategorized

Total 678 Posts

Can You be Removed as a Trustee Without a Replacement?

• • 0 Comments

The recent case of Novak v. McDougall, (2019 SKQB 261), confirms that when you have accepted an appointment to be trustee, you may not be able to have yourself removed from that appointment without a suitable replacement. The applicant in this case, a beneficiary of a “Henson” trust (basically defined as being entitled to distributions from a discretionary trust but having no vested interest in the trust assets) set up….

Can You be Removed as a Trustee Without a Replacement? Continue Reading »

Capacity Law, Contested wills, Costs, Credibility, Estate Administration, Estate Litigation, Executors, Family Conflict, Guardianship, Passing Of Trustees’ and Executors’ Accounts, Resulting Trust, Trustee, Trustee Compensation, Trustee Disputes, Trusts, Uncategorized, Wills

Estate Donations to Government

• • 2 Comments

The title of this blog may provoke laughter, or perhaps, just head-shaking disbelief.  But estate donations to various levels of government do happen. The trick is to ensure that the donor’s intentions are carried out. The Crown – i.e. federal and provincial governments – and Canadian municipalities are qualified donees under the Income Tax Act. Agents of the Crown are also generally included – for example, government agency or university….

Estate Donations to Government Continue Reading »

Estate Donations, Philanthropy/Charitable Giving, Uncategorized

The Principal Residence Exemption and Trusts for Disabled Persons Revisited

• • 0 Comments

In 2016, the federal government introduced changes to the definition of “principal residence” in the Income Tax Act (Canada). The changes significantly restricted the types of personal trusts that are eligible to claim the principal residence exemption (“PRE”). As a result of the changes, only three categories of personal trusts are eligible to use the PRE: life interest trusts, i.e. alter ego trusts, joint partner trusts, spousal trusts, and self-benefit….

The Principal Residence Exemption and Trusts for Disabled Persons Revisited Continue Reading »

Uncategorized

When is a Dividend Not a Dividend?

• • 0 Comments

In Trower v. the Queen, 2019 TCC 77, the Company was privately held by the taxpayer and her spouse (49% and 51% respectively) until the taxpayer ceased to be shareholder in the Fall of 2016, pursuant to a separation agreement between the spouses. The company prepared and filed a T5 tax slip to document that dividends were paid in 2016 to the taxpayer prior to her ceasing to be a….

When is a Dividend Not a Dividend? Continue Reading »

Canada Revenue Agency, Contracts, Estate Administration, Practice Management, Separation, Small Business, Spouse, Tax Issues, Uncategorized

Tomorrow is GivingTuesday

• • 0 Comments

This past weekend was the American Thanksgiving.  In Canada we knew it was their Thanksgiving because advertising for  Black Friday sales was everywhere.   First it was on Friday, then it included Saturday and Sunday and now we have Cyber Monday.  What a concept!  While I tried not to be taken in by the advertising, I failed.  Our 10 year old television finally died and Best Buy was advertising some good….

Tomorrow is GivingTuesday Continue Reading »

Uncategorized, United States

No, You Can Not Visit Your Mom, Dad…..

• • 0 Comments

There was a recent CBC news article, dated Nov 23 2019, which reported that The Trespass Act was used illegally to keep families away from their loved ones, as they were speaking out about about conditions in Long Term Care and retirement residences where their loved ones lived. The article shared the story of a daughter who was banned from visiting her mother in an Ottawa retirement residence because she….

No, You Can Not Visit Your Mom, Dad….. Continue Reading »

Elder Care, Uncategorized
Scroll to Top