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Clark Sutter

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Latest Information

Estate Planning For Spouses and Children Using Testamentary Trusts
A testamentary trust provides a means of transferring and holding property under the terms of your Will. When structured properly, it can provide protection from creditors, guide the management and use of your wealth after death, and serve as a strategy to minimize or defer various taxes.

“Letter of Wishes” for Wills and Discretionary Trusts
When a trust is established, a trustee is appointed and the terms under which the trustee is to administer the trust property are specified. Sometimes the terms of the trust are quite straight-forward: the trustee is to keep the capital of the trust invested; distribute the income to the named beneficiaries on a prescribed basis; and distribute what is left of the trust property to identified beneficiaries upon attaining a specified age or upon the occurrence of a specific event. However, other trusts provide the trustee with broad discretion in administering the trust. This article will discuss the role that a “Letter of Wishes” (or “Precatory Memorandum”) can play in providing guidance to the executor of a Will or trustee of a discretionary trust.

What Happens When a Canadian Resident Dies?
At the time of death, how will the estate of a Canadian resident be distributed? Also, what are the tax
consequences and requirements on a Canadian resident’s assets immediately prior to death? This publication
provides an overview of the implications from a tax and estate perspective and outlines the tax treatment and
estate consequences of assets owned by a deceased Canadian resident.

How Investment Income is Taxed
When it comes to investment income, all is not equal after tax. Knowing how tax rules affect your
investments is essential in order to maximize your after-tax return. This publication explains the taxation
of investment income held in a taxable account as it pertains to an individual resident in Canada.
Pension Income-splitting Provides Tax Planning Opportunities for Couples
The pension income-splitting rules provide an effective, yet simple, strategy to lower family taxes. Being able to split pension income provides an opportunity for couples to reduce their overall family tax bill by taking advantage of a spouse’s or common law partner’s lower marginal tax rate where retirement incomes are disproportionate.
Tax Tips for Investors 
Knowing how tax rules affect your investments is essential to maximizing your after-tax return. In addition, keeping up to date on changes to the tax rules ensures that you take advantage of all the tax savings available to Canadian-resident individuals. This article provides an overview of select strategies to assist you in reducing your tax bill. Please note that this article should not be construed as tax advice and individuals should consult with a tax advisor regarding their personal situation. 

COVID-19 Federal Relief Measures Guide
A guide to the Government of Canada’s economic response to COVID-19

Pros & Cons of Owning Property Joint Tenants with Right of Survivorship
Couples commonly hold property as Joint Tenants with Right of Survivorship (“JTWROS”). This article highlights the Pros and Cons.