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Update: Ford Government Rolls Back Changes to ODSP General Regulation

In my last blog I described some important changes to the Ontario Disability Support Program (“ODSP”). Specifically, I looked at certain provisions of Ontario Regulation 278/18 (“Amending Regulation”), which amended Ontario Regulation 222/98, the General ODSP Regulation (“ODSP Regulation”), to: eliminate the $10,000 limit on voluntary payments to ODSP recipients in any 12-month period, which include payments from a trust, payments from a life insurance policy, and gifts; and designate….

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PENSION PLAN LUMP SUM PAYOUTS

This fact scenario is based on a situation presented to me recently and I appreciated the opportunity to being “re-educated” on the tax treatment of pension plan lump sum payments. A taxpayer’s spouse retires as a teacher and elects to start receiving her guaranteed pension. A couple of year later, the spouse passes away from cancer and the taxpayer being the beneficiary of his spouse’s pension plan elects to receive….

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Canada Revenue Agency, Estate Administration, In the News, Tax Issues, Uncategorized, Wills

Artist Foundations

[caption id="attachment_6702" align="aligncenter" width="800"] Tom Thomson’s The Pointers, 1916-17 (Hart House, University of Toronto) – See Thomson’s catalogue raisonne at http://tomthomsoncatalogue.org/[/caption] In the U.S. there is a generation of contemporary artists who have never been richer and they are endowing – with art and money – some significant foundations. Cy Twombly Foundation, for example, reportedly has assets of over $1.5 billion. There is even a support initiative called the Artist-Endowed Foundation….

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

My Summer Vacation

One of my favorite routines on my annual summer vacation is to read the local news. Regular readers of this Blog may not be surprised that the story which caught my eye this summer was about an Estate.   Richard M. Grant, a life-long farmer, known as the “The Corn King” and “The Bean Baron of Maine”, passed away in February 2017. According to the Portland Press Herald (“the Herald”), Grant’s….

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Contested wills, Estate Litigation, Family Conflict, In the News, Uncategorized

Estate Planning and Family Law: The Matrimonial Home Part I

A marriage contract is often an important component of an integrated estate plan. Frequently the discussion arises when the children of the first or second generation in a successful family business begin to marry, particularly where those children are beneficiaries of a discretionary family trust that holds common shares in the family business. The generation(s) that built the family wealth understandably wish to protect it from claims by the spouses….

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What the Law Takes Away, the Law can just as Easily Give Back

I previously blogged about the importance of making a will to ensure that your testamentary wishes are carried through.  Eissmann v Kuntz is a recent Ontario Superior Court of Justice decision illustrating the unintended consequences of improper estate planning. Background Siegfried Kunz was born in Germany in 1937.  He married his ex-wife in 1961.  They had one daughter together, Petra, in 1962.  Siegfried and his ex-wife divorced in 1967 and,….

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