June 2021

Tax on principal residence? How to plan for a change of use

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No, the government did not eliminate or claw back the principal residence exemption in the 2021 Budget, as had been speculated. Yet, there is a circumstance in which a taxpayer could face an unexpected tax burden in respect of a principal residence: when there is a change in use of a property. AS an executor, the expectation of a tax-free receipt on the sale of what was the deceased’s home may….

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Canada Revenue Agency, Estate Planning, Executors, Property, Tax Issues

When Our Parents Refuse Our Help

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I speak with adult children daily who call because they are concerned that their parent is not doing well and they feel, needs help.  I have found that the refusal to accept help may fall into a number of different categories. Denial: Refuse to accept reality of the situation Responsibility: No one can do it as well- it is my job Ignorance: We are both fine Cost: Why should I….

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Elder Care, Uncategorized

Sherman Estate v. Donovan: Balancing Sealing Orders with Open Courts

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Today’s blog was written by Aniket Bhatt, law student at Fasken LLP Court proceedings are presumptively open to the public. As a result, matters in a probate file are no exception. For example, obtaining a certificate of appointment of an estate trustee in Ontario is a public court proceeding. However, sealing orders are available in civil litigation cases to protect parties from harm or safeguard sensitive information. In these situations,….

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Uncategorized

Digital Estate Planning

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This Blog was written by: Dave Madan, Market Lead and Manager, Scotiatrust  Estate planning has evolved recently. We have learned how our digital accounts are affected by our plan, how to deal with online accounts such as PayPal, Facebook, Google, and Apple, however, it has continued to evolve even further. Cryptocurrency has become even more mainstream. Major backers like Mark Cuban have invested significant assets into cryptocurrency. Bank of America,….

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Estate Administration, Estate Planning

Supreme Court of Canada Orders Unsealing of Sherman Probate Files

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On June 11, 2021, the Supreme Court of Canada released its highly anticipated decision in Sherman Estate v. Donovan. Background The facts of the case have been widely publicized. Barry and Honey Sherman, a prominent couple, were found dead in their home in December 2017. Their deaths, treated as homicides, remain unsolved. The estate trustees of their estates sought sealing orders in respect of the probate applications. The sealing orders….

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Uncategorized

Company purification – don’t take the short-cut

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If a business is successful, it will eventually have excess cash retained in the company that is not necessary for the operations of the business.  Two options for this cash is to distribute the excess to the shareholder(s) as a dividend, but that would result in personal tax being paid by the shareholder on the dividend or the company can simply retain the excess cash and invest it in non-business-related….

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Tax Issues
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