Daily Archives: November 10, 2009

A Brief Note on the Registered Disability Savings Plan (RDSP)

What Is the RDSP?

The Registered Disability Savings Plan (RDSP) is the Canadian federal government’s initiative in assisting individuals with disabilities.^ To become eligible for the RDSP, you must be a Canadian resident under 60 years of age and eligible for the Disability Tax Credit.*

Once an RDSP account is open, anyone with written permission can contribute to the program. Unlike the Registered Retirement Savings Plan (RRSP), there’s no limit on the annual contribution. The annual deadline for contribution is December 31 each year.

There is, however, a lifetime limit of $200,000. Contributions to an RDSP are not tax deductible and can be made until the end of the year in which the beneficiary turns 59 years of age.

Perhaps the biggest incentives for opening an RDSP are the RDSP grants and bonds programs.#

The RDSP Grant

The Government of Canada will pay matching grants of 300, 200, or 100 percent, depending on the beneficiary’s family income and the amount contributed. An RDSP can receive a maximum of $3,500 in matching grants in one year, and up to $70,000 over the beneficiary’s lifetime. A grant can be paid into an RDSP on contributions made to the beneficiary’s RDSP by December 31 of the year the beneficiary turns 49 years old.

The RDSP bond

The government will pay income-tested bonds of up to $1,000 a year to low-income Canadians with disabilities, regardless of the amount contributed. The lifetime bond limit is $20,000. A bond can be paid into an RDSP until the year in which the beneficiary turns 49 years old.

However, there’s a catch – the grants and bonds must remain in the RDSP for 10 years. Otherwise they will have to be repaid back to the government.

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Legalese Dictionary: Trust Law 101

What Is Trust Law?

In common law, a trust refers to an arrangement by which one person holds or deals with property for the benefit of another.

The person creating the trust is called the settlor, while the person enjoying the benefit is called the beneficiary. The person who administers the property under the trust is called the trustee.

A person may be a settlor, a trustee and a beneficiary of the same trust.*

The Three Certainties

Generally, a trust must have three certainties:

  • certainty of intention: The language of the alleged settlor must be imperative.
  • certainty of subject matter: The trust property must be certain.
  • certainty of objects: The beneficiaries must be certain or clearly identifiable.

Terminology

A bare trust (also known as a simple trust or a naked trust) refers to a trust where the trustee holds property without further duty to perform.

An inter vivo trust (also known as a living trust) is one made by deed, oral declaration, or in writing to take effect during the lifetime of the settlor.

A testamentary trust is one created under a will. Because a will can become effective only upon death, a testamentary trust is generally created at or following the date of the settlor’s death.

A spendthrift trust is one created to protect the beneficiaries from their inability to properly handle money. The funds often become payable after the beneficiaries come of age.

Statutory Trust and Deemed Trust

By the operation of law, certain funds advanced from one person to another for the specific purpose of paying a third can become impressed with a trust and may not otherwise be appropriated.

For example, under the Construction Lien Act,^ all funds received by an owner that are to be used in the financing of the improvement, constitute a trust fund for the benefit of the contractor. This is called the “owner’s trust.”

Similarly,  all funds owing to a contractor or received by a contractor or subcontractor on account of the contract price of an improvement constitute a trust fund for the benefit of the subcontractors and other persons who have supplied services or materials to the improvement. This is called the “contractor’s trust.”

*Note: This kind of “creative” trust, when used for ulterior purposes, e.g., avoiding creditors or tax authorities, is voidable.

^R.S.O. 1990, c. C30

Note: Please keep in mind that this article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. The law may have changed since the publication of the article.

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