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Ontario Donation Tax Credits – Proposed Rationalization

Proposed Change The Canadian donation tax credit regime is generous, but opaque and needlessly complex. The March 28, 2018 Ontario Budget proposed a welcome reform for an intricate system. Too bad the idea is from a government that polls predict will likely to be voted out of office in eight weeks. Ontario’s current system of donation tax credits is the most byzantine in the country due to a combination of….

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Executors Remuneration

Occasionally, I (like many of fellow bloggers for sure) get asked – what is appropriate remuneration for an executor or executrix to administer an estate – often in circumstances where remuneration is not specified or even referred in the deceased’s will or otherwise. Bottom line, what are the guidelines and how much is enough? A recent court case in the Supreme Court of British Columbia Le Gallais Estate (re) 2108….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Passing Of Trustees’ and Executors’ Accounts, Trustee Compensation, Uncategorized, Wills

The Show Must Go On?

Written by: Natalie Bender   A couple of weeks ago, I posted a blog about Harper Lee’s estate. You may recall that the author of ‘To Kill a Mockingbird’ passed away in 2016, and that the New York Times recently filed a motion to remove the Sealing Order on Probate as a matter of public interest. Harper Lee’s estate has made the news again. A Broadway play based on her….

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Estate Administration, In the News, Uncategorized

Gift of securities by executors of a will

The Canada Revenue Agency provided its views regarding the income tax implications of a gift made by executors of an estate of a deceased individual. The taxpayer died in 2016.  His Will named his three sons as equal beneficiaries and co-executors, with no designation of amounts to be given to charitable organizations but giving the co-executors the flexibility to make donations if they wish.  His assets at the time of….

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Canada Revenue Agency, Charitable Giving, Estate Planning, Executors, Tax Issues, Trustee, Uncategorized, Wills

An Estate Plan for Fido

Clients often ask about how to best ensure their pets are cared for in their estate plans. It’s a topic this blog has covered before, from the care of commercial animals after the owner’s death, to the pitfalls in drafting clauses for the benefit of pets, to the curious case of socialite Leona Helmsley, who famously left $12 million to her dog, a bequest that was successfully challenged by her….

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A Trustee’s Duty to Disclose: A Recent Ruling from the SCC

The Supreme Court recently released a decision that, while arising in the construction context, has important implications for estates practitioners. In the case of Valard Construction Ltd. V Bird Construction Co. (2018 SCC 8), a majority of the SCC found that, In general, wherever a beneficiary would be unreasonably disadvantaged not to be informed of a trust’s existence, the trustee’s fiduciary duty includes an obligation to disclose the existence of….

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