TERMIUM Plus®

The Government of Canada’s terminology and linguistic data bank.

POWER ENCROACH CAPITAL [1 record]

Record 1 2005-12-22

English

Subject field(s)
  • Law of Trusts (common law)
  • Property Law (common law)
  • Law of Estates (common law)
CONT

... under the will, the legal representative has the power to encroach on capital in favour of the spouse and, consequently, proceeds received from the RRSP are paid to the spouse.

CONT

Pursuant to clause 12 of the Will there is a limited power of encroachment on capital in favour of the Son and Daughter to pay for certain medical expenses.

CONT

If a power of encroachment has been retained, it might be beneficial to review the trust assets from time to time and return assets to the individual if a better overall tax result would be achieved by the taxation of that asset in his or her hands.

French

Domaine(s)
  • Droit des fiducies (common law)
  • Droit des biens et de la propriété (common law)
  • Droit successoral (common law)
CONT

Le testament peut également accorder le pouvoir d'entamer le capital si le revenu se révèle insuffisant pour l'entretien du conjoint.

Spanish

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