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So far Arcus Legal has created 72 blog entries.

Tax Law Update – Bill C-208 lowers taxes on passing family businesses down to the next generation

Owners of family businesses will gain new tax advantages from a bill that has just passed and is expected to come into effect shortly.

Currently, selling your business to a complete stranger gives you tax benefits that you would lose if you sold to a family member. Bill C-208 extends these benefits to cases where shares in an active business are transferred to a company that is owned by a child, grandchild, or sibling. The sale of shares would now be treated as a capital gain instead of a dividend, meaning you would be taxed at a lower rate and potentially [read more…]

2021-06-25T14:23:57-03:00June 23rd, 2021|Business Tax Planning|

Business Tax Planning – Part 1 – When to transfer your business into a company

When your business is thriving, and you make more money than needed to cover your personal expenses, this is the time to consider incorporating your business (transferring your business to a company).

From a purely tax perspective, you do not want to be taxed on all your business income in your personal name. You are taxed more than 25% on the income from your business (It gets higher as you fall into higher income brackets), whereas your corporation will only be taxed 12% for the income earned in the corporation. That is a massive difference in dollars available for you to [read more…]

2021-06-30T14:58:26-03:00June 23rd, 2021|Business Tax Planning|

Estate Planning – Part 7 – Alter Ego Trust & Joint Partner Trust

Alter Ego Trusts (AET) and Joint Partner Trusts (JPT) are a more complex method of estate planning, but can be well-suited to certain situations. You must be over the age of 65 years to consider these methods of planning.

AET and JPT both are often used as a method of probate avoidance. However, these trusts also are more private than a traditional Will, because your Will is publicly available once your executor files for probate. Where there is no probate, your distribution is not made publicly available.

The downside is that AET and JPT are more expensive and complicated to set up [read more…]

2021-05-05T16:11:23-03:00March 30th, 2021|Wills & Estates|

Estate Planning – Part 6 – Guardianship Appointment

When going through the estate planning process, an important aspect is appointing a guardian for your minor children. A guardian may be needed for your children should you die or lose capacity. The appointment of guardianship is accomplished by a document that is outside the Will because it could be needed before your death if you become ill.

Any person under the age of 19 in Nova Scotia is considered a minor. If you are a parent it is important to turn your mind to who you would like your child to be cared for if you become incapable of caring [read more…]

2021-05-05T15:55:48-03:00March 25th, 2021|Wills & Estates|

Estate Planning – Part 5 – Personal Directive

A Personal Care Directive (“PD”) is where you delegate your decision-making authority regarding your personal care and your medical decisions to a trusted loved one. The PD applies only during your life, and only applies once your capacity has been assessed and you are deemed incapable of making your own personal care and medical decisions.

The person you appoint under your PD is called your Delegate. Your Delegate is usually a trusted family member such as a spouse, sibling, or adult child.

Once you appoint your Delegate, speak to them about your wishes and philosophy surrounding your personal and end of life [read more…]

2021-05-05T15:32:40-03:00March 23rd, 2021|Wills & Estates|

Estate Planning – Part 4 – Power of Attorney

The Enduring Power of Attorney (“POA”) applies during your lifetime and ends on your death. The person you appoint in the POA is called the Attorney. The POA can be used by the Attorney when you are unable or unavailable to act for yourself in a financial or legal capacity. Your Attorney may act in situations if you become incapable of making financial and legal decisions. Your Attorney may also be instructed by you to act while you are still competent, but are physically unable to complete certain tasks. Your POA can be as broad or as specific as your [read more…]

2021-05-05T15:10:07-03:00March 18th, 2021|Wills & Estates|

Estate Planning – Part 3 – Do I need a Last Will and Testament?

Do I need a Last Will and Testament?

YES! Every person should have a Last Will and Testament (“Will”). No matter how many assets you have or what your net worth is, every person should have a Will because your Will appoints a person to wrap up your affairs. Even if there are few assets to distribute, you will save your loved ones the cost and time of applying to the court to be appointed as your Personal Representative.

A Will takes effect on death, which means you can always change your Will during your life, so long as you are competent. [read more…]

2021-03-17T08:59:52-03:00March 16th, 2021|Wills & Estates|

Estate Planning – Part 2 – Terms to Know

We know it can sometimes feel like a foreign language when addressing legal matters. Below are terms and acronyms commonly used in estate planning:

  • Will: Last Will and Testament.
  • Personal Representative: The person named in a Will to act on your behalf; also can be called an “Estate Trustee”.
  • Executor and Executrix: The older gendered terms for the person named in a Will to act on your behalf.
  • POA: Short for Power of Attorney.
  • Donor: In your own POA you [read more…]
2021-03-17T08:59:59-03:00March 12th, 2021|Wills & Estates|

Estate Planning – Part 1 – What is “Estate Planning”?

The term “estate planning” encompasses more than simply writing a Last Will and Testament. A Will is an important aspect of estate planning, but it is only one piece of the puzzle. The act of estate planning is ensuring your affairs are as organized as possible so that on your incapacity or death, your loved ones will be set up as best as possible to tackle the situation.

Depending on how complex your financial and professional situation is, you may require more than just your lawyer. Your accountant, insurance advisor, and financial advisor will also be involved. As tax laws [read more…]

2021-03-15T11:37:20-03:00March 9th, 2021|Wills & Estates|

‘Best Lawyers’ features Erin O’Brien Edmonds’ advice to new lawyers

Best Lawyers’ article “Advice from Canada’s ‘Lawyer of the Year’ Honorees” showcases Erin O’Brien Edmonds’ answer to the question: “If you could give one piece of advice to your younger self at the start of your career, what would it be?”

Practicing law is daunting in the beginning. When you’re starting out, you’ll think everyone knows more than you do—and they probably will. My advice is to take your time, be thorough, and don’t give up. It takes dedication and engagement to be a good lawyer. It is a never-ending battle to stay on top of things. When you feel you [read more…]

2021-03-17T10:07:41-03:00February 25th, 2021|Our Team|
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