What is a Discretionary Trust?

Discretionary trusts are a tool used in estate planning to create a flexible trust that provides trustees the discretion to decide who receives the income or capital from the trust and when. The trustees must choose from the class of beneficiaries that are named in the trust, however, none of the beneficiaries have an automatic right to receive proceeds from the trust. There are many benefits to this type of trust and some drawbacks that can be overcome through proper estate planning…..

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Estate Planning

When Spouses “Separate” Due to Changing Medical Needs

This blog was written by Christina Papadopoulos, student-at-law at de VRIES LITIGATION LLP. How does a physical separation caused by the admission of one spouse into a long-term care facility impact the interpretation of a will? This was the question posed to the Ontario Superior Court of Justice in Stuart v. Stuart, 2019 ONSC 4328. In that case, a married couple lived together in a property they owned as tenants….

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Contested wills, Elder Care, Elder Law, Estate Administration, Estate Litigation, Estate Planning, Spouse, Wills

Inclusion of Life Insurance loan in Income

In Neszt v. The Queen 2019 DTC 1105, the taxpayer held two life insurance policies with a life insurance company. He subsequently took personal loans against his life insurance policies. The amount of each such loan was greater than the adjusted cost base of each policy, (being the sum of premiums paid by the insured minus dividends declared and cost of insurance.) The life insurance company issued two T5 slips….

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Canada Revenue Agency, Insurance, Loans, Tax Issues, Uncategorized

Senior’s Issues and the Upcoming Federal Election

I had a wonderful opportunity last week to be part of panel discussion on CTV Your Morning  to discuss issues that are critical for seniors.  Certainly an important topic as we approach election day. The National Seniors Strategy   is really the document that outlines what needs to be done.  I cannot comment on what the parties promise or what they will implement, but I know that much work has gone….

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Elder Care, In the News

The Time of Your Life (Interest)

I was recently asked about the tax implications of creating a life interest in real property. When I use the term “life interest” in this context I am not referring to a typical scenario in which a property is transferred to trustees and held in a trust, the terms of which provide a beneficiary, often referred to as the lifetime beneficiary, with the exclusive use and enjoyment of the property….

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Uncategorized

Grammar saves lives

  In this week’s blog I’m going to try to do the impossible; make syntax and legal drafting interesting. Why? One comma can be the difference between life and death. It’s the difference between: Let’s eat Grandma! and Let’s eat, Grandma! Legalese, not so easy In the context of an estate, how do you interpret the following? All of the residue and remainder of my property I give and devise….

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Contested wills, Contracts, Estate Litigation, Uncategorized, Wills
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