Carolyn S. Inglis

Partner | Calgary


Portrait of Carolyn S. Inglis

Alberta court confirms competent Testator’s right to privacy

In the recent Alberta decision of Duhn Estate, 2021 ABQB 35, the Court of Queen’s Bench has confirmed that, absent a sufficient evidentiary basis, the Court will not displace a testator’s right to keep her pre-death financial life private and...


Using anticipated losses within ownership structures

As much of Canada begins to loosen social restrictions surrounding Covid-19, many owners will be taking stock of the economic impact of the pandemic on their businesses. While the full economic picture is not yet known, many business are expected...


Third party tax assessments and death

For purposes of the Income Tax Act (the “Act”) are we still related to someone after their death? In certain circumstances, the answer to this question will determine whether a taxpayer is jointly and severally liable for the unpaid tax...


How Long is “awhile”?: Kirst Estate (Re) and Holographic Wills

A recent decision of the Court of Queen’s Bench of Alberta, Kirst Estate (Re), provides a useful reminder of some of the issues that may arise through the use of holographic wills. William Kirst (the “Testator”) of Calgary, Alberta died...


Many Canadians Collect Loyalty Points, but What Happens to Those Loyalty Points After We Pass Away?

In most cases, loyalty points will not be subject to the deemed disposition on death found in subsection 70(5) of the Income Tax Act (Canada) because they are unlikely to be capital property. There is no “enduring benefit” gained from...


House “Giveaway” Could Turn Principal Residence Gain Into Taxable Business Income

In a recent news story out of Millarville, Alberta, a woman who has been unable to sell her home has instead decided to give it away in a letter writing contest. The woman is required to downsize because she can...


(Re:) Toigo Estate and the Power of Encroachment

When implementing an estate plan that involves a life interest, such as a spousal trust, it is typical to grant the Trustee a power to encroach on the capital of the trust for the benefit of the life interest beneficiary....