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Miller Thomson has uniquely Canadian insights on the latest legal and business trends and developments, and how they affect you and your organization.

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Family’s dynamics: A critical consideration for effective estate planning

October 6, 2022 | Gwenyth Stadig, M. Elena Hoffstein

Wealth Matters

Introduction A well-executed estate plan ensures that wealth is transferred from one generation to another in a tax effective and strife-free way. Crucial to the planning process is a consideration of the many potential pitfalls that may emerge during both the […]

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Electronic witnessing and signing of estate planning documents in British Columbia

July 6, 2022 | Stephen Hsia, Jillana Schmidt-Kim

Wealth Matters

Much has changed since May 19, 2020. That is when British Columbia first allowed the remote witnessing of wills, enduring powers of attorney (EPAs), and representation agreements (RAs) to accommodate those isolating because of COVID-19 and the resulting restrictions on […]

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Does a promise to transfer property create an express trust?

July 6, 2022 | Stephen Hsia

Wealth Matters

The British Columbia Court of Appeal recently dealt with whether a promise to transfer property created an express trust in Virk v. Singh, 2022 BCCA 153. Background Mr. and Mrs. Virk married in India in 1977, where they met Mr. […]

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Multiple will mishap

April 28, 2022 | Honor Lay

Wealth Matters

Introduction A recent decision from the Ontario Superior Court of Justice, Gordon v. Gordon et al., 2022 ONSC 550 (“Gordon“) shines a light on the importance of prudent drafting when undertaking multiple will planning. Multiple wills, when properly drafted, can provide […]

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Giving corporate assets by will

April 28, 2022 | Wendi P. Crowe, Julia S. Amelio

Wealth Matters

One cannot give away what one does not own. This concept is so fundamental that it should go without saying. The same is true for the principle of corporate separateness; that is, a corporation is a distinct legal person from […]

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Don’t presume your kid will get it: Simard Estate and beneficiary designations

March 15, 2022 | Stephen Hsia

Wealth Matters

This past February, millions of Canadians contributed to their Registered Retirement Savings Plans (“RRSPs”). However, few may realize that those hard-earned savings might not go to their chosen beneficiary. The British Columbia Supreme Court decision of Simard v. Simard Estate, […]

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Multiplying the capital gains exemption: WAIT – THEY GET THE MONEY??

March 1, 2022 | Raymond G. Adlington

Wealth Matters

You’re ready to sell your business. Excellent – congratulations on building something worth buying. You’ve had one of those family trust things around for several years. Thanks for following sound tax planning advice. You’re hearing now about multiplying the lifetime […]

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CRA significantly expands proposed trust reporting requirements to include bare trust arrangements

February 15, 2022 | Brittany Sud, Stephen Sweeney, TEP

Wealth Matters

In 2018, the Department of Finance Canada released Legislative Proposals, and Explanatory Notes that dealt with, among other topics, the Reporting Requirements for Trusts as first announced in Budget 2018. We posted about these new requirements and some of their […]

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Electronic wills are here in BC – but should you make one?

January 26, 2022 | Stephen Hsia

Wealth Matters

On December 1, 2021, British Columbia became the first province to allow electronic wills – fully digital wills. Previously, a will-maker could only make a valid will under BC law by signing a physical will with wet ink in the […]

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$17 million estate gift to private foundation not eligible for tax credit: Lessons from last-minute tax planning

December 17, 2021 | Troy McEachren

Social Impact Newsletter

The Tax Court of Canada decision in Odette (Estate) v the Queen[1] demonstrates two equally important principles. The first is the need to carefully review complex provisions of the Income Tax Act (Canada) (the “ITA”) when developing a tax plan. […]

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Displaying 21-30 of 92

Disclaimer

This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.