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Non-Resident Beneficiary and Part XII.2 Tax

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It’s not uncommon for a trust or an estate to have a non-resident beneficiary. When such a situation arises, trustees should consider whether Part XII.2 tax applies. Essentially, Part XII.2 imposes a 40% tax on the non-resident beneficiary if the trust or estate earns designated income that would, if earned directly by a non-resident, be taxed under Part I of the Income Tax Act (the “Act”). Its purpose is to….

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Tax Issues, Trusts, Uncategorized

Factors to Consider when Rebutting the Presumption that a Lost Will was Destroyed by the Testator

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Today’s blog was written by Jonathon Vander Zee, student-at-law at de VRIES LITIGATION LLP The original copy of a last will and testament is lost and cannot be found… now what? Losing an original copy of a will does not necessarily mean that it is no longer legally binding or invalid. Where a copy of the original will exists, a party may make an application to the court to have….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Uncategorized

Right of Survivorship or Severance of a Joint Tenancy… Which One Prevails?

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Today’s blog was written by Jonathon Vander Zee, student-at-law at de VRIES LITIGATION LLP What happens when the right of survivorship in a property is gifted, but the donor then severs the joint tenancy of that same property? This was exactly the case in Jackson v. Rosenberg, 2023 ONSC 4403. The answer is quite riveting: the severance of the joint tenancy only eliminated the right of survivorship in the donor’s….

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Dia De Los Muertos: grief and joy

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Autumn is my favourite time of year. It’s often frantically busy with work, but when I have a chance to lift my head up from year-end responsibilities, I savour the reminders of abundance, the wealth of the harvest in this corner of the world, and the crisp cool air is refreshing to me after the hazy heat of summer and the bitter cold of winter. Throughout the world this season….

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Funeral Planning, Grief, Grief, Uncategorized

Capacity Evaluation: the Role of Corroborative Information

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In clinical geriatric psychiatry, it is an accepted standard of care to obtain corroborative information when conducting clinical evaluations.However, medical-legal tasks of capacity evaluation, such as for the evaluation of capacity to instruct counsel, testamentary capacity and possibly even capacity to appoint powers of attorney, may require strict confidentiality which prevents obtaining corroborative information from informants. As a result, obtaining corroborative information for capacity evaluation in this context is more complex than in clinical care…..

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Testamentary Charitable Trusts

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[caption id="attachment_20431" align="aligncenter" width="517"] Morris Minor 1000, 1963  (Source: Wikipedia commons)[/caption] From the 19th century to about 1990, the testamentary charitable trust was an important estate planning structure.  These trusts are part of the will and are funded after death from estate assets.  At one time, testamentary trusts were the primary way for an individual to support one or more charities or charitable purposes after death.  But they have been….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Uncategorized
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