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SPOUSAL SUPPORT AND BEYOND?

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I was traipsing thru some estate journals and articles recently and I stumbled upon the reporting of a recent matrimonial case which gave me pause, and to many practitioners in estate and matrimonial matters, I am sure. Practitioners have long held the view that entitlement to spousal support under most matrimonial settlements do not survive the death of the spouse receiving the support.  As one Justice noted in a recent….

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Contracts, Estate Administration, Estate Litigation, Estate Planning, Executors, In the News, Separation, Spouse, Uncategorized

To Kill a Mockingbird, part II

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This Blog was written by: Natalie Bender   For many of us, Harper Lee’s acclaimed novel “To Kill a Mockingbird” was a staple on our high school reading list (and was likely one we re-visited in university). The novel is a Pulitzer Prize winner, and has become a classic in American literature. It has sold more than 40 million copies since it was published in 1960.   There has always….

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Elder Law, In the News, Uncategorized, United States

Oh, How Convenient

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This article was co-authored with Ronald Neal, student-at-law. A centuries’ old practice gives personal representatives one year after the death of a deceased to wind up the deceased’s estate (calling in assets, paying estate debts, converting assets to enable distribution of the estate, etc.).  This is often called the “executor’s year”.  However, in today’s world, it frequently takes more than one year to administer an estate. What happens if a….

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Estate Donations for Charities Not Yet Registered

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The 2018 Federal Budget hinted that Canadian newspapers may be able to receive charitable status in the future.  As I’ve previously written, making non-profit and local journalism an eligible charitable purpose is a timely idea — and it has implications for donor planning their estates.  The Federal Budget got me thinking of a charitable planning conundrum: donors who wish to support a cause that is not yet charitable at law….

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Estate Donations, Philanthropy/Charitable Giving, Uncategorized

Crisis in Long Term Care Continued # 3

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This blog will address some of the first hand experiences that my clients and I have had when interfacing with the Long Term Care sector. 1.  Younger adults. I worked with a 42 year old gentleman who lived with a degenerative motor disease. He could no longer live on his own and spent several years under Alternate Level of Care  (ALC) status in a hospital. This is not a new….

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Elder Care, In the News, Uncategorized

Income Splitting Loans and what you should know (and do) prior to April 1, 2018

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Under the Income Tax Act R.S.C., 1985, c. 1 (5th Supp.), there are certain income-splitting arrangements that are available when a loan is made from an individual to his/her lower income spouse/common-law partner and when a loan is made to a discretionary family trust, the beneficiaries of which include minor children. For example, an individual may loan funds to his/her lower income spouse to make an investment.  In order for attribution,….

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