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| Section | Weight | Objectives |
|---|---|---|
| Savings Planning and Debt Management | 10% | - Debt Planning and Mortgages
|
| Investment and Tax Planning | 10% | - Investment Management
|
| Insurance Planning | 10% | - Life Insurance
|
| Financial Planning Practice | 10% | - The Personal Financial Planning Process in Canada
|
| Estate Planning | 10% | - Trusts and Powers of Attorney
|
| Family Law | 15% | - Fundamental Aspects of Family Law
|
| Financial Planning for Small Business | 15% | - Business Law and Agency Relationships
|
| Retirement Planning | 20% | - Registered Pension and Retirement Income Plans
|
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NEW QUESTION # 56
What type of trust is formed when one party is unjustly enriched at the expense of another person?
Answer: D
Explanation:
A constructive trust is an equitable remedy that may be imposed where one person has been unjustly enriched at another person's expense and a proprietary remedy is justified.
Unlike an express trust, a constructive trust does not arise because the parties deliberately created a trust relationship. Instead, it is imposed by a court to prevent a person from retaining property where doing so would be inequitable. In Canadian law, unjust enrichment generally requires an enrichment of one party, a corresponding deprivation of another, and the absence of a juristic reason that legally justifies the enrichment.
Where a monetary award is insufficient and the claimant can demonstrate an appropriate connection between the contribution or deprivation and particular property, a court may recognize a beneficial interest in that property through a constructive trust.
A resulting trust operates differently. It generally arises from presumed intentions or circumstances surrounding the transfer or acquisition of property, such as where one person provides purchase money but title is placed in another person's name. "Social trust" is not the applicable equitable classification, while
"private trust" is a broad category rather than the specific remedy produced by unjust enrichment.
Therefore, the appropriate answer is constructive trust.
FPII reference/topic: Estate Planning - trusts; equitable remedies; constructive trusts; unjust enrichment.
NEW QUESTION # 57
What is the tax treatment on disability assistance payments for Registered Disability Savings Plans?
Answer: B
Explanation:
A Disability Assistance Payment from an RDSP contains both potentially taxable and non-taxable components.
The beneficiary's own private contributions were made with after-tax funds and are therefore not taxed again when returned. However, the portion of a payment representing Canada Disability Savings Grants, Canada Disability Savings Bonds, investment income earned within the plan, and specified rollover proceeds is included in the beneficiary's income when paid from the RDSP. CRA confirms this treatment expressly.
Option A is therefore the best available answer. Its reference to the "grant and income earned portions" captures the central distinction tested by the question, although the complete current rule also encompasses bonds and taxable rollover amounts.
Option B is incorrect because the entire withdrawal is not taxable; the portion attributable to private contributions is returned tax-free. Option C incorrectly treats all withdrawals as tax-free. Option D is also inaccurate as a general tax characterization. CRA specifically provides that the taxable RDSP portion is excluded from income when calculating several federal income-tested benefits and credits.
The RDSP therefore combines non-deductible contributions with tax-deferred investment growth and government assistance, with taxable amounts recognized when qualifying payments are made.
FPII reference/topic: Investment and Tax Planning - RDSPs; Disability Assistance Payments; grants, bonds and investment income; taxation of withdrawals.
NEW QUESTION # 58
Xin Yi is a surgeon looking to get a disability insurance plan. His advisor has presented him with the following options:
Policy
Definition
Elimination period (days)
A
Any
30
B
Any
60
C
Own
30
D
Own
60
Which policy will likely have the highest premiums?
Answer: A
Explanation:
Policy C combines the two features that create the greatest potential liability for the insurer: an own- occupation definition and the shortest elimination period of 30 days.
An own-occupation disability definition is particularly valuable for a highly specialized professional such as a surgeon. Under an own-occupation structure, inability to perform the material duties of the insured's particular occupation can qualify as disability even where the individual may remain capable of performing some other occupation. An "any occupation" definition is more restrictive and therefore normally represents lower insurance risk. Canadian disability-plan documentation similarly distinguishes own-occupation eligibility from broader any-occupation standards.
The elimination period is the period between the commencement of disability and the point at which benefits become payable. A shorter elimination period causes the insurer to begin paying earlier and therefore normally increases the premium. A 60-day waiting period shifts more short-duration disability risk back to the insured.
Policy C provides both the broader own-occupation definition and the shorter 30-day elimination period.
Policy D has comparable occupational protection but delays benefits for 60 days.
FPII reference/topic: Insurance Planning - disability insurance; definitions of disability; elimination periods; determinants of premiums.
NEW QUESTION # 59
What is the name of the individual who is responsible for making decisions based on a power of attorney?
Answer: C
Explanation:
The person who receives authority under a power of attorney is the donee, commonly referred to simply as the attorney. Ontario's Powers of Attorney Act expressly defines an attorney as the "donee of a power of attorney." The distinction between the parties is important. The donor is the individual granting the authority. The donee or attorney is the person authorized to act on the donor's behalf within the scope established by the power of attorney. Depending on the document and applicable legislation, the authority may relate to property, financial affairs, or personal-care decisions.
A settlor is associated with trust law. The settlor establishes a trust and transfers property into it for administration by a trustee. A testator is an individual who makes a will. Neither term identifies the person exercising authority under a power of attorney.
The donee's authority is fiduciary in character. The attorney must exercise the granted powers for the benefit of the donor and within the restrictions imposed by the document and applicable legislation.
FPII reference/topic: Estate Planning - powers of attorney; donor and donee; substitute decision-making; fiduciary responsibilities.
NEW QUESTION # 60
Shelley has been engaged in the financial planning process with her client Kim. Shelley has just obtained permission from Kim to refer her to a lawyer for estate planning considerations. What stage of the financial planning process are Shelley and Kim in?
Answer: B
Explanation:
Shelley and Kim are at the implementation stage. The important fact is that the need for estate-planning assistance has already been identified and Shelley has obtained Kim's permission to refer her to a lawyer. This is no longer simply information gathering or analysis; an action arising from the planning recommendations is being put into effect.
FP Canada's current Practice Standards expressly recognize referrals to other professionals as part of implementation. PS.9 requires the planner to establish implementation actions, responsibilities, sequencing, and timing, including situations involving another professional. PS.10 then requires completion of implementation actions for which the planner has accepted responsibility, with appropriate follow-up on professional referrals where the client has consented.
Collecting data occurs earlier when the planner obtains quantitative and qualitative client information.
Analysis evaluates the client's existing circumstances and possible strategies. Establishing the client/advisor relationship occurs at the beginning when scope, responsibilities, and engagement terms are defined.
Because Shelley is now arranging access to the legal expertise needed to carry out the estate-planning recommendation, the correct stage is implementation.
FPII reference/topic: Financial Planning Practice - financial planning process; implementation; coordination and referral to other professionals.
NEW QUESTION # 61
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