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Firehall Fest a Smashing Sunfilled Success - Old Ottawa South

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The OSCAR - OUR 36 th YEAR<br />

Page 34 JUL/AUG 2008<br />

by Rick Sutherland, CLU,<br />

CFP, FDS, R.F.P.<br />

The bond between a grandchild<br />

and grandparent is very special.<br />

Often grandparents decide to<br />

leave a gift to their grandchildren in<br />

their will. This extremely generous<br />

gesture can be fraught with challenges.<br />

Here are a few things to consider prior<br />

to implementing this decision.<br />

It is important to recognize the fact<br />

that more grandchildren may arrive<br />

following the death of grandparents.<br />

When grandparents leave gifts to their<br />

grandchildren who are alive at the time<br />

of death, resentment can sometimes<br />

arise for the grandchildren who are<br />

born at a later date. In order to prevent<br />

this occurrence grandparents can<br />

leave their estate to their children who<br />

can divide the money accordingly to<br />

Leaving Money to Grandchildren<br />

all current and future grandchildren.<br />

In some cases grandchildren left<br />

with an inheritance from grandparents<br />

may end up wealthier then their<br />

parents. In this scenario, it is often<br />

found that the children whom inherit<br />

their grandparent’s wealth may have a<br />

tendency to be more difficult and tend<br />

to take on a cavalier nature.<br />

Problems can arise if no age is<br />

specified in the will, specifically if<br />

the grandchildren are under the age of<br />

majority. In this case the province will<br />

take control of the money until such<br />

time as the grandchild reaches the age<br />

of majority. The age of majority varies<br />

among jurisdictions between 18 and<br />

19 years of age. Here in Ontario the<br />

age of majority is 18.<br />

Even if the grandchildren are at<br />

the age of majority it is sometimes<br />

advisable to establish a testamentary<br />

Financial Divorce Specialist<br />

Avoid costly mistakes with professional financial<br />

assistance in the division of assets.<br />

Contact: Rick Sutherland, CLU, CFP, FDS, R.F.P.<br />

1276 Wellington Street, <strong>Ottawa</strong> ON K1Y 3A7<br />

Phone: (613)798-2421 Email: rick@invested-interest.ca<br />

Guidance, Protection<br />

and Peace of Mind.<br />

Anna E. Sundin, Barrister & Solicitor<br />

GEnErAl PrActicE includinG:<br />

Family Law, Wills, Real Estate, Incorporations, Litigation and Collaborative Family Law<br />

– A Cooperative and Dignified Approach to Separation and Divorce.–<br />

trust and appoint a trustee who will<br />

apply conditions on how much and<br />

when the grandchild actually receives<br />

the money. If the grandchild is a minor<br />

the trustee can be given instructions in<br />

the will with directions and conditions<br />

when minors will receive their<br />

inheritance.<br />

A trustee is given investment<br />

powers over the money and other<br />

assets until the beneficiary reaches a<br />

certain age. Although the beneficiaries<br />

of the trust have an interest in it,<br />

the trustee is the legal owner of the<br />

property held in the trust and has the<br />

authority to control the management<br />

of the assets. The trustee’s obligations<br />

include making investment decisions<br />

and preparing and filing income tax<br />

returns on behalf of the trust.<br />

A testamentary trust has<br />

additional tax benefits. Unlike other<br />

By Anna Sundin<br />

trusts, a testamentary trust is treated<br />

as a separate taxpayer and enjoys<br />

graduated tax rates on income. A<br />

testamentary trust has non-tax related<br />

benefits including, but not limited<br />

to being creditor proof. This means<br />

that beneficiaries, lenders or spouses<br />

cannot attack the trust.<br />

Care must be exercised when<br />

planning gifts to grandchildren. You<br />

want to make sure that your gift is<br />

appreciated and achieves your desired<br />

objectives. Your grandchildren will<br />

appreciate it.<br />

This is a monthly article on<br />

financial planning. Call or write to<br />

Rick Sutherland CLU, CFP, FDS,<br />

R.F.P., of FundEX Investments Inc.<br />

with your topics of interest at 798-<br />

2421 or E-mail at rick@investedinterest.ca.<br />

Local Anti-Terrorism<br />

Measures?<br />

Members of the Eastern Ontario bar and those requiring access to<br />

the <strong>Ottawa</strong> court house were recently advised that as a result of<br />

the trial of the first person to be charged under Canada’s Antiterrorism<br />

Act, beginning on Monday, June 23, 2008, new security measures<br />

will be taken at the Courthouse.<br />

These include:<br />

· Barricades at the circular driveway at the entrance of the courthouse<br />

and at entrance of the parking garage. Police patrol and police vehicles will<br />

monitor these areas.<br />

· Parking meters on Elgin Street, from Lisgar Street to Laurier Avenue,<br />

will be hooded, making it a non-parking and non-stopping area. Vehicles<br />

left unattended will be immediately removed at the owner’s expense.<br />

· Trial proceedings will be held on the third floor where there will be an<br />

overflow court (with live video feed), if necessary. There will be screening<br />

of everyone wishing to attend the proceedings and access will be controlled<br />

on the third floor of the Courthouse.<br />

As I was starting to type this, an electronic “Wizard” came on and advised<br />

me that my use of the word-processing application had become unstable<br />

and required me to make an electronic report to the software company. I<br />

was not allowed to ignore the “Wizard” command and was prevented from<br />

continuing with the writing of this article. After I sent the electronic report,<br />

I tried to return to the article I had been typing, but it had been deleted and I<br />

had to start over again. I wonder if this had anything to do with the content<br />

of my article.<br />

Has the heightened security at the Court House been successful? Is<br />

my paranoia a result of these ‘protective’ measures? It would seem that<br />

rather then creating an atmosphere of security, these protective measures<br />

are intensifying fear, paranoia and hatred. Anti-terrorism measures, such as<br />

those at Court House, in addition to the cost of the extra manpower, the<br />

metal detectors, the SWAT teams on alert, the reduced access to our public<br />

buildings by the public, and the delays in conducting our business, are<br />

producing a rise in social distrust and fear.<br />

As our social bonds are severed, our communities become dangerous,<br />

soul-less places rather than strong networks of support. I believe that the<br />

security that comes from strong communities is better than any monitoring.<br />

When we know our neighbours, we learn to trust them and as we demonstrate<br />

that trust by working together on community projects, we create a place<br />

where everyone feels valued and included. Then there is no need to strike<br />

out at each other with violence.<br />

Averting violence in this way is not without a price tag; however, it has<br />

incalculable value. It is the value of a complex, vibrant community which<br />

provides a safe haven for human creativity, where the best of the human<br />

spirit can soar.<br />

Constant electronic monitoring and security measures exist in many<br />

large cities now.<br />

We can create more security in our neighbourhood, one relationship at a<br />

time. Get together with your friends and neighbours this summer.

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