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SPOUSAL TRUSTS : COUPLE OF UPDATES

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Life insurance policy – rollover at cost? In a recent technical interpretation, the Canada Revenue Agency (“CRA”) confirmed that where a spousal trust is required to pay the life insurance premiums on a policy it owns and is the beneficiary of the policy, a rollover at cost pursuant to the relevant section of the Income tax Act (“ITA”) is not available on the original transfer of assets to the trust…..

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Canada Revenue Agency, Estate Administration, Insurance, Interest, Investments, Spouse, Tax Issues, Trustee, Trusts, Uncategorized

Reanimation, Immortality and Estates Law

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Today’s blog was co-written with Demetre Vasilounis, Student at Law at Fasken LLP. As science’s capability to bend the laws of nature becomes wider and wider, our laws will have to develop ways to tackle the challenges that will inevitably arise from such scientific advancement. One concept which is becoming increasingly more popular in this respect is the extension of human life, or, in other words, the concept of reanimation….

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Pre-arranging for Personal Care

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This blog was written by Sally Lee, LLB – Estate and Trust Consultant with Scotia Wealth Management Recently, I met a prospective client (let’s call her Jane) who told me she did not have anyone to appoint as her attorney for personal care. It appeared that this issue was the barrier to the rest of her estate planning because she had “no one”.  As her investment advisor and I began….

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Caregiving, Elder Care, Geriatric Care Management, Power of Attorney, Uncategorized

To Spring, or Not to Spring!

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Today’s blog is being brought to you by guest blogger, Tracy Parkinson, a law clerk in the Private Client Services group of Fasken LLP. Recently I have noticed that many meeting agendas for group discussions of estates practitioners that I have attended have included some aspect of the challenges, use and safekeeping of powers of attorney for property. Depending on the audience, the discussion can go in many different directions,….

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Disability Tax credits and Bankruptcy

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In general, unpaid and to be paid disability tax credits can form part of a bankrupt’s estate in the form of property and income. If they are “property of the bankrupt” within the Bankruptcy and Insolvency Act, (the “BIA”), then they are 100% distributable amongst estate creditors in accordance with the priority scheme set out in the BIA. If they are “income” within the BIA, they are subject to contribution….

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Canada Revenue Agency, Disability, Estate Administration, Tax Issues, Uncategorized

Mind the Gap! And Put On Your Parens Patriae

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Ontario’s “new” parentage rules, contained primarily in the Children’s Law Reform Act (“CLRA”) and implemented through the All Families Are Equal Act, have been in force for more than two years, having become effective on January 1, 2017. There have now been several reported decisions that interpret and apply the rules. The decision of L. Madsen J. in M.L. v. J.C., 2017 ONSC 7179 is an important decision in that….

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