Author: Margaret O'Sullivan

Courts in common law jurisdictions continue to grapple with how to deal with a spouse’s interest in a discretionary trust when there is a marital breakdown, and whether to include them in property division, and if included, how to value them in dividing family property. There have been shifts by

Election fervour and fever continues to escalate south of the border and Canada will soon follow. Our last federal election was September 20, 2021, and constitutional and statutory provisions require that the next federal election must be held no more than 5 years after a preceding election and by the

As an estate lawyer, how many times have I said under my breath to myself as my clients have exited the boardroom after an often lengthy, revealing, intense, and always interesting meeting: “I don’t need a law degree – I need a psychology degree!” I am sure my sentiment is

Many of us feel overwhelmed when it comes to keeping our financial affairs up-to-date and in order. Whether it is technological challenges, including accessing the information we need through a portal when it used to come automatically through snail mail, new legislation and increasing tax compliance or keeping our estate

There is increasing uncertainty about the future of U.S. estate tax. On the one hand, under U.S. legislation that temporarily halved the lifetime exemption amount passed during the Trump administration, the lifetime exclusion amount is set to decrease on January 1, 2026, to $5M (USD) adjusted for inflation since 2011,

It’s important to understand who is a child and who is “issue” when these class terms are used in a will or trust agreement given changing legislation in many jurisdictions, including in Ontario, which redefines who is a parent and who is a child or issue. The All Families Are

Notwithstanding that it is a European Union regulation, the European Succession Regulation can be of great assistance to Canadian citizens who have EU connections in their estate planning. In brief, the Regulation applies to all European Union member states, with the exception of Ireland and Denmark, both of which opted

On the heels of Canada Day, what are the things that make Canada distinctive? Well, on the estate and advance planning front, one significant difference is that Canadians have the ability to choose to end their life with medical assistance that many residing in other countries do not have. We

This blog comes to you today, May 4, 2023, on the 25th anniversary of the establishment of our firm. I thought I would share some reflections on the past and some predictions for the future. It’s with a lot of gratitude that we as a firm take a moment to

What is the current state of play when it comes to U.S. estate tax, including its impact on many Canadian tax residents and others with U.S. connections? First, an update on some key tax rates and concepts for 2023. The lifetime exclusion amount has increased substantially due to the rise