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Archive for October, 2011

RDSPs and ODSP

Friday, October 28th, 2011

Question: How do I know if I can have a Registered Disability Savings Plan (“RDSP”)? Will it affect my payments under the Ontario Disability Support Program (“ODSP”)?

Answer: Any Canadian resident under the age of 60 and who qualifies for the federal Disability Tax Credit is permitted to have an RDSP.  An RDSP has a $200,000 lifetime contribution limit; however, there is no annual contribution limit. There are no restrictions on when the funds can be withdrawn or for what purpose they can be used once withdrawn. The supplemental grants and bonds provided by the Government of Canada are only available until age 49 and only if certain conditions are met.

Withdrawals from an RDSP must begin at age 60. There are minimum and maximum withdrawal amounts which are based upon various formulas. For example, the amount, generally monthly, is based on how much is in the plan when withdrawals are to begin and the life expectancy of the beneficiary.

For ODSP purposes, RDSPs are fully exempt and are not considered income or an asset. Withdrawals are not considered income by ODSP; however, once the withdrawal is received by the beneficiary, the $5,000 asset limit would then apply.

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When a Wish is, Well, Just a Wish

Saturday, October 15th, 2011

If you hold an asset jointly with an adult son or daughter, such as a bank account or a cottage, you may be surprised to learn what will happen to the asset after you die.  Like many parents, you might assume that the asset passes directly to your surviving child and that he or she can do whatever he or she likes with the asset.  However, unless you have made your intentions clear, the law will presume that your child is holding the asset in trust for your estate.  In other words, the law does not presume that the asset belongs to your child. (more…)

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Can I Cut Johnny Out?

Saturday, October 1st, 2011

Question: Can a parent exclude or ‘cut’ a child out of his or her Will?

Answer: Generally, in Ontario, a person who is mentally capable of making a will is free to leave his or her estate to whomever they wish.  A parent could exclude a child from his or her will; however, if the parent had a legal obligation to support the child at the time the parent died, the parent’s estate could be subject to a claim to continue that support. If a child is not named as a beneficiary of a parent’s estate and if the child believes they are entitled to support, an application could be made to court asking for support from the estate.  Whether or not the application would succeed would depend upon many factors and the result could not be guaranteed.

 A child who has been excluded as a beneficiary could challenge the will in court if there is evidence that the parent was influenced by someone to leave the child out or if the parent lacked testamentary capacity at the time of signing the will.

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