Category: Blog

5 Misconceptions About Appointing U.S. Persons as Executors

Many people think that they can’t appoint a family member (often their child residing in the U.S.) or friend who is a U.S. resident or citizen as the executor of their estate because it will cause too many complications, or perhaps they may have received advice from a source that

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Should Canada Have a Wealth Tax: Lessons Learned

In my prior blog of March 3, 2020, “Inheritance Tax, Wealth Tax and More Capital Gains Tax: The Future of Canadian Taxation”, I raised the issue of whether new forms of tax might be introduced on the Canadian scene, including an inheritance tax or an annual wealth tax. My blog

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Are Your U.S. Securities Giving You the Security You Thought?

Canadians who own U.S. securities may be surprised to find out that their investments may be exposing themselves to a tax as high as 40% on death. Without proper planning, an individual’s U.S. investments may be subject to U.S. estate tax, which will not provide the anticipated or desired result.

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Who’s in Charge? Key Considerations in Choosing Your Executors

Who will be in charge of executing your will is one of the most important decisions to make in the estate planning process. People often only consider close family members, but they may not always be the best choice. Here are some key considerations. An executor must be at least the

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Using Trusts When You Lose Trust in Your Loved Ones

Trusts are often looked to in estate and wealth planning because of the potential tax advantages they can afford. Some of these tax advantages, including probate tax and income-splitting opportunities, have been examined in a previous blog post “Sometimes it is About the Tax – Inter-vivos Trusts and Spousal Loans.” As

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Do You Know Who Your Spouse Is?

The definition of who is and who is not a spouse, both for legal and income tax purposes, has changed a lot in the last few decades. Some previously discriminatory laws have been abolished (for example, the bar to same-sex couples marrying) and some rules have been updated to reflect

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The Preferential Share on an Intestacy: Time for an Update

On an intestacy (when a person dies without a will), each Canadian province and territory provides for a mandatory scheme to distribute the deceased’s property, which is typically between the testator’s surviving spouse and children, if any, and alternately to other relatives. Some provinces and territories provide a spouse with

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