THE PREFERRED BENEFICIARY ELECTION

In my last blog I noted that at the recent STEP conference, representatives of the Canada Revenue Agency confirmed that the introduction of the new qualified disability trust (“QDT”) rules had not restricted the ability to use the preferred beneficiary election, provided the requirements for the preferred beneficiary election are otherwise met. In this blog I will outline in more detail the elements of the preferred beneficiary election. The definition….

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Estate Planning

When Business Agreements Masquerade as Trusts

Trusts are tricky – they can arise in circumstances where none of the parties involved ever use the word “trust.” There is good reason for this; often the settlor of the trust and the trustee are laypeople who can describe the type of relationship they wish to create, but are unaware of the legal terms to describe it. If a lawyer does become involved, she will likely set the terms….

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Trustee, Trusts

PRINCIPAL RESIDENCE EXEMPTION AND BENEFICIAL OWNERSHIP – AN UPDATE

We know that if a property qualifies as a principal residence, an exemption can be claimed to reduce or eliminate any capital gain otherwise realized on the disposition of the property. Under the Income Tax Act, one of the requirements for a property to qualify as a taxpayer’s principal residence for a taxation year is that it must be “owned” by the taxpayer. In common law jurisdictions, two forms of….

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Canada Revenue Agency, Capacity Law, Estate Administration, Estate Planning, Investments, Joint Tenancy, Liability, Property, Real Estate, Tax Issues, Trustee

Legacy Alive: G.U. Pope in Tamil Nadu

As a philanthropic advisor, I constantly discuss legacy with clients.   Beyond a gift by will, a legacy transmits values, acts, and funds in a way that makes the world a bit better place.   Quite unexpectedly, I recently found out my great-great grandfather, George Uglow Pope, left what I can only describe as palpable living legacy.  I had to go to the south of India to discover it. Pope was an….

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Philanthropy/Charitable Giving

What do all of: Facebook, Linked-In, I-Tunes, Bitcoins, have in common?

These virtual accounts are all “property” that an individual can own at the time they pass away. Unfortunately, because they are usually unknown to anyone but the owner and because they are otherwise not tangible, with little in the way of any form of physical record of their existence, they can also be lost to the virtual world unless the owner takes appropriate steps prior to his or her death…..

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Estate Planning
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