our 10th year
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One of the perceived disadvantages to using a trust in estate planning is that restrictions on trustees’ investment decision-making under trust law will result in lower investment returns. In particular, this is a concern where a trust has an income beneficiary to whom income is paid, usually for his or
It’s common knowledge that we are at the leading edge of an avalanche of wealth transfer. Baby boomers in increasing numbers are heading into their retirement years and beyond. The succession of capital that will occur is unprecedented. In the recent past, we’ve also seen higher average annual divorce rates
Updating your estate plan on separation and divorce in a timely manner is critical in order to avoid unintended results, possible later disputes, and even litigation. The following highlights some of the most common concerns, as well as precautions to take. Wills Generally, in Ontario the Succession Law Reform Act
Discretionary trusts are common estate planning tools used for a variety of reasons such as tax minimization and general wealth protection, including protection on matrimonial breakdown and from creditors. These trusts are often used in an estate freeze where shares in privately-held corporations are “frozen” to defer capital gains liability
Joint ownership of property is a common estate planning tool. Where property is owned jointly with a right of survivorship (as opposed to, for example, as tenants in common), the property passes in the normal course to the surviving joint owner on the other owner’s death. In these circumstances, the
Many of you have no doubt read a summary or highlights of the 2014 Federal Budget and noted the proposal to eliminate graduated income tax rates for testamentary trusts. Rather than thinking that testamentary trust planning is dead (no pun intended), in our view there are plenty of reasons to
Many Canadians have purchased homes south of the border encouraged by a strong Canadian dollar and a buyer’s market for U.S. real estate. In 2012, Canadians were the leading international buyers of U.S. real estate, accounting for 24% of sales to international buyers.[1] When considering a U.S. property as a
In our October 18, 2012 blog “Trusts – It’s Not All About the Tax”, I discussed a few non-tax reasons to consider in setting up a trust as part of estate and wealth planning. However, sometimes the goal is to minimize tax through income-splitting. Two methods of minimizing tax exposure
The U.S. Government enacted the U.S. Foreign Account Tax Compliance Act (“FATCA”) in 2010 to combat offshore tax evasion, introducing detailed reporting requirements which affect some Canadian individuals with U.S. connections and Canadian financial institutions. But did you know these requirements could also affect some Canadian trusts and that trustees
While there are several tax reasons to consider a trust for current and future planning, sometimes the best reasons to set up a trust now or in a will have nothing to do with tax. Three excellent reasons to use a trust? Matrimonial issues, protecting children and wealth preservation. •
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