Mondaq Canada: Family and Matrimonial
Blaney McMurtry LLP
If you answered YES to any of the above, you should consult an expert to make sure that there are no unexpected problems for your loved ones!
Alexander Holburn Beaudin + Lang LLP
A Memorandum to a Will is a separate document from the Will which may convey bequests, instructions or wishes to the Executor.
Clark Wilson LLP
Beginning in 2016, all trusts (whether created during an individual's lifetime, or in their will) will be subject to tax at the highest marginal rate unless the trust meets one of two exceptions.
Minden Gross LLP
Family trusts can be a highly effective tax-planning tool. But you have to be sure to dot your i's and cross your t's to avoid the unwanted attention of the Canada Revenue Agency, as I spelled out in a previous article.
Blaney McMurtry LLP
Anyone with a will that creates a spousal trust, therefore, is strongly advised to review it, and the reasons for it, to make sure that it does not create new, unanticipated and unintended implications.
YLaw Group
So you have separated from you spouse and now want to move to a different city to get away from it all and perhaps start a new life with your partner.
Miller Thomson LLP
Currently testamentary trusts and grandfathered inter vivos trusts benefit from graduated rates of taxation, but commencing January 1, 2016, these trusts will be subject to the top marginal tax rates.
Minden Gross LLP
The recent Ontario Superior Court case of Parson v. McGovern, 2014 ONSC 1785, illustrates the principles that are applicable when a beneficiary seeks a court-ordered interim distribution from an estate.
Field LLP
Before the Powers of Attorney Act and the Personal Directives Act became law, the Dependant Adults Act offered the only solution to family members who were faced with the mental or physical decline of their loved ones.
Clark Wilson LLP
One of the grounds for challenging the validity of a Will is that the person who made the Will did not have the mental capacity to understand his actions.
Schnurr Kirsh Schnurr Oelbaum Tator LLP
The recent decision in Spence v. BMO Trust Company raises very interesting questions about testamentary freedom and the power of the courts to remedy wills which contravene public policy.
Thompson Dorfman Sweatman LLP
A Manitoba Court of Queen's Bench decision highlights to importance of planning for all contingencies when setting up a family trust.
Alexander Holburn Beaudin + Lang LLP
When administering an estate, the Executor has a duty to remain a neutral representative of the estate. Administering an estate often involves financial expenses, including professional fees for lawyers and accountants.
Clark Wilson LLP
While BC Courts have the power to remove executors and administrators, it is rarely exercised.
Basman Smith LLP
Canada, and in particular, Ontario currently has some of the most generous spousal support provisions in the world for claimant spouses.
Lerners
There are many unknowns for those who agree to act as Estate Trustees.
Cox & Palmer
In the matter of Spence v. BMO Trust Company, the Ontario Superior Court of Justice was asked to set aside a Will for public policy reasons.
Clark Wilson LLP
You can designate beneficiaries by filling out the form that your financial institution or account trustee has prepared for that purpose
Clark Wilson LLP
In a recent decision of the BC Supreme Court, Heathfield v. St. Jacques, 2015 BCSC 505, Madam Justice Ballance considered a claim to vary a will that was made when the personal circumstances of the will-maker were vastly different than those in existence at the time of his death.
Miller Thomson LLP
The Succession Regulation introduces novel concepts for cross-border succession planning of individuals with multi-jurisdictional estates and ties to a Member State.
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Blaney McMurtry LLP
Anyone with a will that creates a spousal trust, therefore, is strongly advised to review it, and the reasons for it, to make sure that it does not create new, unanticipated and unintended implications.
Minden Gross LLP
Family trusts can be a highly effective tax-planning tool. But you have to be sure to dot your i's and cross your t's to avoid the unwanted attention of the Canada Revenue Agency, as I spelled out in a previous article.
Clark Wilson LLP
Beginning in 2016, all trusts (whether created during an individual's lifetime, or in their will) will be subject to tax at the highest marginal rate unless the trust meets one of two exceptions.
Miller Thomson LLP
Currently testamentary trusts and grandfathered inter vivos trusts benefit from graduated rates of taxation, but commencing January 1, 2016, these trusts will be subject to the top marginal tax rates.
Minden Gross LLP
Although there are different ways to implement Alberta Trust structures, in general, the intention of using an Alberta Trust will be to have the income of the trust taxed in Alberta at low Alberta tax rates...
Clark Wilson LLP
One of the grounds for challenging the validity of a Will is that the person who made the Will did not have the mental capacity to understand his actions.
Minden Gross LLP
Every so often, the Canada Revenue Agency targets certain tax structures for special attention, so I thought a refresher on the do's and don'ts of administering family trusts might be in order.
YLaw Group
So you have separated from you spouse and now want to move to a different city to get away from it all and perhaps start a new life with your partner.
McLennan Ross LLP
Effective on January 1, 2016, there will be significant changes to the manner in which trusts created under a will are subject to income tax.
Borden Ladner Gervais LLP
On December 17, 2014, Bill C-43 received Royal Assent, ushering in a new era of estate planning with proposed changes to the Income Tax Act (the "Tax Act").
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