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

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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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Life Insurance and Contingent Ownership

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Ownership of assets into ‘joint tenancy with right of survivorship” is a mechanism of ownership transfer commonly used for estate planning to address such issues as probate fee and tax avoidance. Recently, this blog site very capably addressed the issues surrounding “joint tenancy” of life insurance in particular (“Life Insurance Joint Tenants” by Corina Weigl May 4, 2018), said issues to include partial loss of ownership and control over the….

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Estate Planning, Insurance, Investments, Joint Tenancy, Probate Tax, Property, Tax Issues, Uncategorized

When a Modern Relationship and the Traditional Family Clash: a Lesson for Estate Planners

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Guest written by Jessica Nolan, student-at-law at Fasken. A recent case out of British Columbia offers a number of lessons for estate planning. Robledano v. Jacinto (2018 BCSC 152) involved the estate of Barbara Jacinto who died unexpectedly. Barbara had been in a relationship with Maria Robledano on and off for just over 30 years. In the final years before Barbara’s death, they were primarily living under separate roofs but….

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Donate to Eliminate Clauses

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Last week I received a call from a client who wished to include a “donate to eliminate” clause in his will. His goal is to wipe-out all taxes in his estate by giving just the right amount to his favorite charities. A few years ago, this planning idea was all the rage in gift planning circles. It turned on a model clause that directed the executor to calculate the value of….

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

Graduated rate estate – don’t lose it!

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A graduated rate estate (GRE) is an estate that arises as the result of the death of a person on or after December 31, 2015, and no more than 36 months after the person’s death. The estate at that time must be a testamentary trust. The GRE designation brings with key benefits such as access to the lower marginal tax rates and simpler and more flexible donation rules.  Perhaps more important in….

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Canada Revenue Agency, Estate Administration, Estate Planning, Executors, Tax Issues, Uncategorized, Wills

Why Should Young People Have a Will? [1]

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You are in your mid to late twenties, you may or may not be married, you may or may not own property, and you probably feel that you do not need a Will since you “don’t have anything”. While that may be true, there are many other benefits to a Will that do not relate to the quantum of assets you might own. Easing your family’s burden: Regardless of whether….

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