When someone transfers money or assets to another, it is not unusual for a third party to question the transaction later. This is especially common among siblings after a parent’s death, where one child who received money, for example, to buy a home or start a business, will usually claim it was a gift and other children or beneficiaries will argue it was a loan. Because such transactions – and the intention behind them – is rarely properly documented, families can spend years fighting over an innocent gesture that at the time was intended to provide support and relief. This highly practical webinar with leading estates lawyer Nicole Ewing, Director, Tax and Estate Planning, TD Wealth will explain why it is important for parties to document financial transactions, common unintended consequences of loan and gifts, the types of instruments available to avoid misunderstandings and messy challenges later, and opportunities to remedy inequities and clarify intention during the will drafting process. Topics include:
- Essential elements of loans and gifts
- Rebutting the presumption of a loan or a resulting trust
- Equalization provisions and hotchpot clauses
Intrafamily financial assistance is not going away. Some basic documents and a few key words in an estate plan can significantly reduce the potential for conflict and unnecessary litigation later. Attend this webinar and get the knowledge and skills you need to help your clients clarify whether funds advanced are a gift or a loan.
Live webinar with chat includes 60 day replay. This program features real-time audio of the presenter with synchronized presentation slides, and a chat feature that allows for live Q & A.
Thursday, October 28, 2021
1:00 pm – 2:30 pm (Atlantic)