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Total 678 Posts

Anti-Lapse Provisions May Also Be Anti-Intent

Today’s blog was written by Demetre Vasilounis, Associate at Fasken LLP. One of the most important things that estate lawyers aim for when drafting a will for their client is to avoid an outcome that is contrary to their client’s testamentary intent. There are many instances where a will is not clear about what will happen when a specific event or sequence of events occurs, and in such instances a….

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Avoiding Common Pitfalls with Beneficiary Designations

This blog was written by Isabelle Cadotte – Estate and Trust Consultant with Scotia Wealth Management Beneficiary designations on registered accounts and pension plans (RRSPs, RRIFs, TFSAs, etc.) and life insurance policies are a double-edged sword when it comes to estate planning. They are simple to implement – a designation can be made by Will or with a form supplied by the financial institution or insurance company. They also offer….

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Estate Planning, Uncategorized

Another New Year. Another New Start

Today is the first day of the Jewish New Year, another fresh start for those who celebrate. For many who may not attend synagogue, it may still be recognized and celebrated with family sitting down together for a festive dinner. Traditions continue and are past down from generation to generation. For some it is a favorite recipe that has been shared. For those with dementia, familiar food, song and stories….

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Inclusion of Life Insurance loan in Income

In Neszt v. The Queen 2019 DTC 1105, the taxpayer held two life insurance policies with a life insurance company. He subsequently took personal loans against his life insurance policies. The amount of each such loan was greater than the adjusted cost base of each policy, (being the sum of premiums paid by the insured minus dividends declared and cost of insurance.) The life insurance company issued two T5 slips….

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Canada Revenue Agency, Insurance, Loans, Tax Issues, Uncategorized

The Time of Your Life (Interest)

I was recently asked about the tax implications of creating a life interest in real property. When I use the term “life interest” in this context I am not referring to a typical scenario in which a property is transferred to trustees and held in a trust, the terms of which provide a beneficiary, often referred to as the lifetime beneficiary, with the exclusive use and enjoyment of the property….

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Grammar saves lives

  In this week’s blog I’m going to try to do the impossible; make syntax and legal drafting interesting. Why? One comma can be the difference between life and death. It’s the difference between: Let’s eat Grandma! and Let’s eat, Grandma! Legalese, not so easy In the context of an estate, how do you interpret the following? All of the residue and remainder of my property I give and devise….

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Contested wills, Contracts, Estate Litigation, Uncategorized, Wills
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