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Estates [1979] 1 SCR 621

Drouin-Dalpé et al. v. Langlois

The Supreme Court of Canada held that bonds and debentures were included in “other liquid funds” under a Quebec will, allowing the appeal.

  • Will interpretation
  • Liquid funds
  • Succession duties
  • Legacy classification
  • Will-interpretation
  • Estates
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Taxation [1977] 1 SCR 2

Minister of Revenue (Ontario) v. McCreath

The Supreme Court held that a settlor who retained income and a testamentary power over trust assets had reserved an interest, so succession duty applied and the exemption failed.

  • Succession duties
  • Reservation of interest
  • Power to resettle
  • Exemption s.5(1)(g)
  • Disposition vs property passing
  • Definition of interest
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Estates [1966] SCR 69

Lotzkar v. Southin and the Montreal Trust Co. et al.

The Supreme Court of Canada held that the will displaced the Allhusen v. Whittell rule, so estate debts and succession duties were payable from designated capital.

  • Allhusen rule
  • Apportionment between life tenant and remainderman
  • Will construction
  • Succession duties
  • Estate administration expenses
  • Will-construction
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Estates [1958] SCR 216

Greenshields et al. v. The Queen

The Supreme Court of Canada held that succession duties on life income interests were to be calculated under s. 31 of the Quebec Act, even though the remainder went to an exempt charity.

  • Succession duties
  • Charitable exemption
  • Life interest valuation
  • Statutory interpretation
  • Succession-duties
  • Charitable-exemption
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Estates [1948] SCR 183

Guaranty Trust Co. of New York v. The King

The Supreme Court of Canada held that the beneficiaries had personal rights to income, not usufruct, and that succession duties should be assessed by capitalizing the life interests.

  • Succession duties
  • Usufruct vs life rent
  • Trusts and beneficiaries' rights
  • Capitalization of life interests
  • Statutory interpretation
  • Succession-duties
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Constitutional law [1933] SCR 670

The King v. National Trust Co.

The Supreme Court of Canada held that Quebec could not impose succession duties on certain railway bonds held in Ontario, because the bonds had no situs in Quebec.

  • Situs of intangible property
  • Provincial taxation powers under s.92(2) bna act
  • Succession duties
  • Specialty (legal)
  • Registration and transfer of securities
  • Succession-duties
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Estates [1930] SCR 198

Lamarche v. Bleau

The Supreme Court of Canada held that a usufructuary was liable only for succession duties on her own share and could recover sums paid for the proprietors’ share, without interest.

  • Succession duties
  • Usufruct
  • Substitution
  • Reimbursement of duties
  • Succession-duties
  • Reimbursement
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Estates [1929] SCR 84

Untermeyer Estate v. Attorney General for British Columbia

The Supreme Court of Canada upheld a $2 per share valuation for Premier Gold Mining shares and held the British Columbia succession duty valid.

  • Succession duties
  • Valuation of shares
  • Situs of intangible property
  • Direct vs indirect taxation
  • Intra vires taxation
  • Succession-duty
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.