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NEW QUESTION # 35
Samuel bought a permanent life insurance policy many years ago. The policy now has a cash value of
$40,000. Samuel is recently widowed and has two minor children that he supports. Since his wife passed away, he finds himself struggling to pay the bills, however he still needs the same death benefit and permanent life insurance. Considering his personal and financial situation, what would be the best non- forfeiture option to exercise on Samuel's policy to meet his needs?
Answer: C
Explanation:
An automatic premium loan is the best fit because Samuel needs to relieve his immediate premium-payment pressure while retaining the existing permanent policy.
An automatic premium loan uses available policy cash value as security for a loan that pays overdue premiums, thereby preventing the permanent policy from lapsing. The Canadian Life and Health Insurance Association identifies this specifically as a permanent-life-policy feature and a non-forfeiture mechanism.
Canadian permanent-policy documentation likewise explains that the feature keeps the policy in force by financing premiums from accumulated cash value.
Reduced paid-up insurance would eliminate future premiums and preserve permanent coverage, but the amount of insurance would be reduced. That conflicts with Samuel's need to retain his existing level of protection for his minor children. Extended term insurance generally preserves the original face amount only for a limited term and therefore sacrifices the permanent nature of the coverage. Cash surrender terminates the insurance altogether.
The automatic premium loan should still be monitored closely because interest accumulates and outstanding indebtedness reduces the net amount ultimately payable and can eventually threaten the policy if cash value becomes insufficient.
FPII reference/topic: Insurance Planning - permanent insurance; cash value; non-forfeiture options; automatic premium loans.
NEW QUESTION # 36
What do most successful cases of unequal division of property involve?
Answer: D
Explanation:
Short marriages provide the strongest basis among the listed alternatives for an unequal division of matrimonial property. Under Ontario's equalization regime, the normal rule is that the spouse with the lower net family property is entitled to one-half of the difference between the spouses' net family properties.
A court can depart from equal division only where ordinary equalization would be unconscionable, a deliberately demanding legal threshold. One factor specifically identified in the Family Law Act is where the amount a spouse would otherwise receive is disproportionately large in relation to a period of cohabitation of less than five years.
That provision explains why short marriages are particularly significant in unequal-division cases. A spouse may, for example, experience a major increase in net family property during a very brief marriage, producing an equalization entitlement disproportionate to the duration of the relationship.
Income disparity alone is not generally a basis for unequal property division; it is more directly relevant to support. Domestic abuse can have legal significance, but it does not automatically change equalization unless the statutory property criteria are established. Joint ventures concern a different property or unjust-enrichment analysis.
FPII reference/topic: Family Law - equalization of net family property; unequal division; unconscionability; short marriages.
NEW QUESTION # 37
If an employee earns more than the yearly maximum pensionable earnings, but an employer continues to deduct Canada Pension Plan contributions, what will happen to the excess contributions?
Answer: D
Explanation:
Where an employee has contributed more CPP than required for the year, the excess employee contribution is ultimately refunded or credited through the individual's income tax return.
CRA specifically provides for CPP overpayments to be calculated on the applicable Schedule 8 or interprovincial CPP/QPP form. The excess is reported on the individual's tax return, and CRA will either refund it or apply it against another balance owing.
An employer that discovers an over-deduction during the same year should generally correct its payroll records and reimburse the employee directly. However, where the overpayment remains on the T4 and has not been reimbursed, CRA credits the excess when the employee files the personal return.
The excess is not transferred to an RRSP, nor is it automatically carried forward against the employee's CPP obligation for the next calendar year. CPP contribution calculations operate on an annual basis.
Option A is also incorrect because repayment of the employee's own excessive CPP deduction is not a taxable employment benefit.
Accordingly, within the circumstances presented in the question, option D is the correct treatment.
FPII reference/topic: Retirement Planning - Canada Pension Plan; maximum pensionable earnings; employee contributions; CPP overpayments and refunds.
NEW QUESTION # 38
Kimberly, age 24, has few assets, and is single with no children. Kimberly has a 10-year-old niece Tanya who she would like her entire estate to be distributed to at death. She consults with her lawyer Jackie to write a will. What is the most important clause Jackie should add in Kimberly's will?
Answer: D
Explanation:
A discretionary encroachment clause is particularly important because Tanya is only 10 years old and may inherit Kimberly's estate while still a minor. Rather than requiring the estate property simply to remain untouched until Tanya reaches the stipulated distribution age, an encroachment provision permits the trustee to use trust capital for Tanya's benefit when appropriate.
The clause can authorize payments for matters such as education, health care, maintenance, accommodation, and general welfare. Estate-planning guidance concerning trusts for minors commonly provides trustees with authority to encroach upon income and capital for the minor's benefit before final distribution.
Option B is not the appropriate solution because Kimberly is Tanya's aunt. A will-maker's nomination of a guardian generally concerns the will-maker's own minor children and does not allow an aunt simply to replace the legal decision-making authority of Tanya's parents.
Trustee investment and administrative powers in option A are useful provisions, but they do not specifically address the beneficiary's need to access inheritance funds during minority. Funeral and debt-payment provisions likewise do not solve that central issue.
The discretionary encroachment clause therefore gives the estate trustee the flexibility necessary to provide appropriately for Tanya before she reaches the age for outright distribution.
FPII reference/topic: Estate Planning - wills; minor beneficiaries; testamentary trusts; trustee discretion; encroachment on capital.
NEW QUESTION # 39
Roy gifted his nephew Charles, age 16, shares for his birthday. The managed portfolio will generate both dividends, and capital gains and losses. What will be Roy's future tax implications, with respect to this transfer, until Charles reaches the age of majority?
Answer: B
NEW QUESTION # 40
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