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Foundation v. Charitable Organization

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[caption id="attachment_13341" align="aligncenter" width="766"] We Charity founders Craig and Marc Kielburger (Photo: Getty)[/caption] The WE Charity scandal has been fascinating to charity watchers.  On July 22, it was revealed that the Canadian Government contracted with the WE Charity Foundation for the Canada Student Service Grant (CSSG) program, not the WE Charity as previously reported. Parallel public foundations often co-exist with operating charities (charitable organizations), but the two-charity structure was confusing,….

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Estate Donations, Philanthropy/Charitable Giving, Uncategorized

Someone else’s tax bill – Sometimes there is no getting away from it!

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In Dreger et al v the Queen (2020 TCC25), the beneficiaries of an estate bequest appealed assessments for unpaid taxes by the deceased. In this case, the deceased was an annuitant of a life income fund (“LIF”) and prior to his death, he designated to each of his daughters as his beneficiaries under a beneficiary designation in respect of the LIF. In his will, the deceased named his daughters as….

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Canada Revenue Agency, Courts, Estate Administration, Estate Litigation, Executors, Investments, Liability, Tax Issues, Trustee, Trusts, Uncategorized, Wills

WHAT ABOUT A CORPORATE EXECUTOR?

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A lot has been written about how should choose an executor, and some of it in this blog place. A couple of years ago, fellow boggler Emily Hubling wrote eloquently about the risk and rewards of appointing a professional advisor as executor. I would like to revisit some of the points made in the context of appointing a corporate executor, some who is specifically skilled and trained for the role…..

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Attorney Compensation, Compensation, Credibility, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Executors, Fiduciary Professions, Trustee Compensation, Trusts, Uncategorized, Wills

How to Provide for Your Island in Animal Crossing: New Horizons After Your Death: Part III

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This is a three-part blog series that seeks to explore the manner in which one can conduct estate planning with respect to their copy of the popular 2020 Nintendo Switch video game Animal Crossing: New Horizons. Part I discussed the importance of this topic and described the applicability of a non-charitable purpose trust to this type of estate planning. Part II examined the practical considerations for operating a non-charitable purpose….

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BARE TRUSTS

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A bare trust, also referred to as a naked trust, exists where a person, the trustee, is merely vested with the legal title to property and has no other duty to perform or responsibilities to carry out as trustee, in relation to the property vested in the trust. The sole duty of a bare trustee would be to convey legal title to the trust property on demand of and according….

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Canada Revenue Agency, Courts, Estate Planning, Investments, Joint Tenancy, Property, Resulting Trust, Tax Issues, Trustee, Trusts, Uncategorized

Indemnifying Trustees for Gross Negligence

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This week in the world of client requests in the context of family trusts, a client (the “Client”) considered appointing their child as one of the trustees of their family trust, however wanted to ensure that such child would not be liable for any error or mistake made by them as a trustee, including breaches of their duties as trustee brought about by their own gross negligence.  Assume for this….

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