Legal Considerations for Death and Incapacity

Genevieve N. Taylor and Christine M. Muckle

INTRODUCTION This paper identifies the building blocks of an estate plan that are necessary to ensure a client’s financial and health care wishes during life, as well as the disposition of his or her assets on death, are accomplished in a way that is beneficial not only to the client, but also to those individuals that are to benefit from the plan. Issues to be considered by a good plan include tax, probate avoidance, privacy, dispute minimization and efficiency. Important to understanding a good plan is both appreciating the planning options available and also the consequences of having no plan. 1.      …

To Be or Not To Be – The Executor: His Powers, Obligations and Liabilities

Genevieve N. Taylor and Christine M. Muckle

INTRODUCTION The position of executor brings with it incredible responsibility and serious potential for liability. Although the fees awarded for fulfilling the duties may seem generous, in all honesty, you are paid for what you get.   A person should…

Transfers and Joint Property Ownership under the Wills, Estates & Succession Act and the Family Law Act

Transfers and Joint Property Ownership under the Wills, Estates & Succession Act and the Family Law Act by Lauren Blake and Emma Ferguson

All Trusts, All the Time – Implied, Resulting and Constructive Trust Claims

I.     Introduction The concept of who actually owns an asset arises frequently in the areas of both family and estate law. Families often transfer ownership to real estate and other assets without considering the legal consequences of the transfer. The…

Taxable Dispositions and Deferrals

Genevieve N. Taylor

I. Overview In the course of an estate plan, the spectre of tax dispositions can cast a long shadow over otherwise desirable plans. Likewise, when administering an estate the deemed disposition triggered by death can create havoc for an estate’s…

Transfers to the Corporation: Section 85 Rollovers

Nicholas P. Smith

I.     INTRODUCTION S.85(1) of the Income Tax Act (Canada) (the “ITA”)[1] allows a person to transfer property to a taxable Canadian corporation on a tax-deferred basis.  This rollover allows a person to defer the recognition of income, capital gains…

The Final Step: Passing the Accounts in a Contentious Estate

I.       Introduction A.     Then and Now: The Duty to Account All personal representatives and trustees (throughout this paper the term “trustee” represents both a true trustee and personal representative) have a duty to account to persons with…

The Taxation of Medical Marihuana: Goods and Services Tax, Harmonized Sales Tax and Provincial Sales Tax (British Columbia)

Alistair G. Campbell

A.     INTRODUCTION   The purpose of this paper is to address the application of the federal Goods and Services Tax (“GST”), Harmonized Sales Tax (“HST”) and British Columbia provincial sales tax (“PST”) to sales of medical marihuana.[2] …

International and Interprovincial Tax Planning Issues for Individuals and Trusts

Nicholas P. Smith

I.     INTRODUCTION Planning for clients with assets and beneficiaries in multiple jurisdictions requires knowledge of residency and the deeming rules that could alter its common law meaning. The interprovincial source rules for the taxation of…