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Difference Between a POA and an SDM

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Written by Fatima Husnain, student-at-law at Fasken Martineau DuMoulin LLP Prior to law school, I worked in a hospital inpatient mental health unit. Many of the patients were unable to make their own health care decisions and relied upon other individuals to make decisions on their behalf. If anyone had asked me at that time what a power of attorney for personal care (“POA”) was, I could not have answered…..

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Wine and Estate Planning

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I recently went looking for information to assist wine and spirit collectors with their estate planning. To my surprise there is little material online.  It’s easy to uncovered truth by drinking wine – “in vivo veritas” – but much harder to find a comprehensive Canadian resource about estate planning for collectors. After meditating on this paucity over a bottle of Okanagan pinot noir that I found in my cellar (well,….

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Estate Administration and Probate Applications, Estate Donations, Estate Planning, Uncategorized

DEEMED TRUST: TAX DEBTS AND PROCEEDS OF INSURANCE

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In Canada (A.G.) v Nortip Development 2019 NLCA 34, a company fell behind in remitting payroll withholdings and related amounts for several periods over a two-year period to the Canada Revenue Agency (“CRA”). Around the same time, a property with a mortgage owned by the same company, was destroyed by fire. A portion of proceeds of insurance on that property (equal to the amount owed to the CRA) were claimed….

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Canada Revenue Agency, Property, Real Estate, Small Business, Tax Issues, Trusts, Uncategorized

The Weight of (Sudden) Wealth

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I recently read an article written by Thomas Junkin, David Cieslowski and Vincent Tonietto, all with Fiduciary Trust Canada and published in their Summer 2019 issue of Perspective.  The topic was entitled “Stickhandling Sudden Wealth”.  In it, the authors discuss the unique investment and estate planning challenges facing younger clients who are suddenly wealthy. While the  context of their discussion is professional hockey players, their messages resonate equally with other….

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Estate Plan = Peace of Mind

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This blog was written by Hardeep Nandra I am sharing a story of one of my close friends. This friend (Let’s call this person Kay for keeping their identity confidential) of mine is an honest person, good workout buddy, a great father and husband. He would always have a great smile and a positive outlook on life. I have been friends with him since I moved to Edmonton. We usually met….

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Estate Planning, Uncategorized

AGREEMENT RECTIFICATION APPLIED FOR AND ALLOWED!

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Due in particular to the outcome of some recent court cases, many have feared that formal applications to rectify plans would receive a favorable hearing only in the event of obvious clerical errors in the documentation. However a recent court case in the Supreme Court of British Columbia demonstrated that rectification is possible in circumstances where a definite agreement has gone awry in its implementation. In Crean v. Canada, 2019….

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Business Succession Planning, Canada Revenue Agency, Contracts, Estate Planning, Investments, Small Business, Succession Planning, Tax Issues, Uncategorized
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