The defendant's grandfather made a number of
testamentary changes transferring most of his assets between 2007 - 2008, prior to his death that same year.
Not exact matches
when an elderly client wants to make major
changes to his / her will, not taking steps to ensure
testamentary capacity and that the client is not under undue influence;
However, the
changes to the taxation of
testamentary trusts will likely make alter ego and joint partner trusts a more attractive estate planning vehicle for some.
Testamentary trusts have made more sense than alter ego and joint partner trusts for many people for some time, but that may
change:
Co-Author Presentation, «
Testamentary Trusts: Recent
Changes to the Income Tax Act» (CPA Manitoba, February 24, 2015)
In the consultation paper (Proposal), the Federal Department of Finance proposes a number of
changes to the way in which the Canada Revenue Agency (CRA) will tax
testamentary trusts and pre-1971 grandfathered inter-vivos trusts.
While much of what has
changed makes sense in the government's determination to remove the preferential treatment allowed through
testamentary trusts, there is one
change affecting life interest trusts including spousal, alter - ego, and joint - partner trusts, leaving many to suggest there is room for a correction of some.