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Category: Blog

Beneficiary Designations Uncertainty: Where Are We Now?

It is a well-established principle from the Supreme Court of Canada’s 2007 decision, Pecore v Pecore, that there is a presumption of a resulting trust where a gratuitous transfer of property is found. The primary example is when an asset is put into joint names by a parent with an

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You Cannot Give What You Don’t Have

Your will can sometimes be seen as your final words to your loved ones. You may want to set out specific gifts to the people who you cherish most or who have helped you out during your lifetime. But as in life, you need to make sure you can actually

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Cross-Border Giving Considerations

There are a variety of non-tax and tax reasons to support charities. When deciding which charities to benefit, many Canadians have philanthropic objectives that extend beyond the border. First, it’s important to understand the Canadian tax benefits of charitable giving. Under Canadian tax rules, a donor may claim tax credits

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Little Orphan Assets

When building a life together, one of the more important decisions for married spouses or common-law partners is how to deal with their respective assets and whether or not some or most should be combined. Holding assets jointly with your spouse or partner, particularly in less complex estates, is a

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The Estate Trustee is Dead, Long Live the Estate Trustee

One of the most important decisions to make in planning your Will is choosing your executor and trustee (referred to as an estate trustee). Who should act, whether you should have two or more act jointly, and who to appoint as the alternate(s) should your first choice be unable or

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Heads Up: Executor’s Tax Compliance Responsibilities On Death

As we head into tax season, we want to give our readers a refresher and a resource on tax filings for estates. Executors are generally responsible for income tax compliance for a deceased person and their estate, including preparing and filing all necessary tax returns in all relevant jurisdictions, paying

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What’s Happening with the U.S. Estate and Gift Tax?

Proposals Galore in Congress in Fall 2021 The U.S. Congress was very busy throughout the Fall of 2021, and it was very challenging for advisors and their clients to keep up with a number of proposals dealing with trusts, how they are taxed, and their rates of tax, other estate

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