December 12, 1945

PC

Harry Rutherford Jackman

Progressive Conservative

Mr. JACKMAN:

The only reason I raised this question is that the people who know how to handle their estates and get proper legal advice do not, as a rule, find themselves subject to two sets of succession duty taxes within five or ten years. A life interest is passed on to the widow by a man who may have done very well in a certain form of business, but yet has not the necessary legal experience or does not retain a good lawyer in the drafting of his will. Perhaps he leaves all of his estate to his widow, and the widow gives it to the children in a few more years. Because they are careless or have not used any care in the drawing of their will they will fall foul of double taxation at a high rate. I feel it is almost unfair to trap them like this. They should be given some

Dominion Succession Duty

consideration because, as I say, it is easy to circumvent unfair double taxation if you seek proper legal advice.

Topic:   DOMINION SUCCESSION DUTY ACT
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CCF

John Oliver Probe

Co-operative Commonwealth Federation (C.C.F.)

Mr. PROBE:

Do you think they should circumvent it?

Topic:   DOMINION SUCCESSION DUTY ACT
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PC
PC

Arthur Leroy Smith

Progressive Conservative

Mr. SMITH (Calgary West):

I am seeking some advice since I have the minister here, an excellent lawyer, and his advisers. A simple person like myself, who knows nothing about succession duties, has only one will. It was made a long time ago, leaving everything to my wife, assuming that she would be fair to my children who are now grown up. Obviously I should not leave myself in that position. We happen to be of the same age. Either one of us is apt to conk out within one, two or three years of each other. When we get that eighty per cent in the third year, is it not an invitation to alter a situation of that kind which is based on love and affection, which most marriages are and should be? Are we not rather driven to changes which perhaps are not natural? I do not know whether I express myself very well, but I believe the minister understands what I mean.

Topic:   DOMINION SUCCESSION DUTY ACT
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LIB

James Lorimer Ilsley (Minister of Finance and Receiver General)

Liberal

Mr. ILSLEY:

I have never given it much thought, and I should like to get a little advice myself on what to do in a case of that kind. That is, you leave a life interest so that there will be only one succession?

Topic:   DOMINION SUCCESSION DUTY ACT
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PC

Arthur Leroy Smith

Progressive Conservative

Mr. SMITH (Calgary West):

That is right. You could avoid it in that way, could you not?

Topic:   DOMINION SUCCESSION DUTY ACT
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PC

Harry Rutherford Jackman

Progressive Conservative

Mr. JACKMAN:

Why not make the law

fair, so that it will not catch people who are just careless?

Topic:   DOMINION SUCCESSION DUTY ACT
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LIB

James Lorimer Ilsley (Minister of Finance and Receiver General)

Liberal

Mr. ILSLEY:

This makes it less harsh than it was, and, I think probably goes as far as it should go at the moment.

Topic:   DOMINION SUCCESSION DUTY ACT
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Section agreed to. Bill reported, read the third time and passed.


BUSINESS OF THE HOUSE


Mr. MACKENZIE moved the adjournment of the house. He said: To-morrow morning at eleven o'clock the Prime Minister will ask the house to consider No. 7 on the order paper of to-day, in regard to allowances to members of parliament for expenses incidental to the discharge of their duties. I believe the Prime Minister will ask that the present order be discharged and a resolution relating to both houses substituted therefor. Motion agreed to and the house adjourned at 10.55 p.m. fMr. Jackman.] Thursday, December 13, 1945.


December 12, 1945