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Toronto Ontario Estate Law Blog
Update: Tax Compliance for Executors and Trustees, plus Key Deadlines
I previously blogged about executors’ tax compliance responsibilities. In the past two plus years since that blog, there have been a number of changes of which executors and trustees should be aware. This blog provides an overview of key tax compliance responsibilities of executors and trustees and highlights some of
Open the Pod Bay Doors: The Future of AI and Probate Applications
While modern artificial intelligence (“AI”) has already proved an immensely useful tool, with IBM’s Watson serving as an early example of a natural language processor able to receive and respond to plain language inquiries in plain language with a high degree of accuracy, it has also proven to have its
How the ‘First Dealings’ Exemption Can Save Your Estate Money on Probate Fees
Probate is the often-dreaded process where an estate trustee receives a Certificate of Appointment of Estate Trustee which confirms their authority to administer the estate. While not mandatory, if there is a will, third-party institutions such as banks or the land registry office, when dealing with real property, typically require
Why Use a Holding Company?
When we consider undertaking the estate planning process, the preparation of a Will to direct and manage the transfer of assets between a person and their beneficiaries is often the primary focus. What is not always considered by many is the role proper estate planning plays in the preservation of
Demystifying Roles and Responsibilities of Fiduciaries
When updating your estate plan, it’s important to consider who will be the key decision-makers on death and on incapacity. Understanding these roles can help you prepare better for your future and make informed decisions about your property and personal care. This blog highlights the responsibilities of fiduciaries in the
How to Plan for Beneficiaries with Disabilities Using RDSPs
Commencing with the introduction of registered retirement savings plans (“RRSPs”) in 1957, registered plans have generally become an integral part of the estate planning process. Although registered plans play an important role in both the financial and estate planning of many Canadians, the tax treatment of such plans can vary
Discretionary Trusts and Family Law Division: 50% of Zero is Still Zero
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
Poring Over Pour-over Provisions: Caution if Your Will Gifts to an Existing Trust
Typically, we tend to think of the beneficiaries of an estate under a will as being individuals or organizations: family members, friends, and charities. These beneficiaries usually receive their gift outright or through a trust created under the will (i.e., a testamentary trust). However, for those who have created trusts
Accidental Drowning: Estate and Third-Party Claims
As we settle into the latter half of the summer months, it bears remembering there are risks associated with the water-related activities which attract many of us at this time of year. Whether swimming, boating, or floating, the majority of drownings occur in lakes, ponds, and rivers, while the victim
Canadians at the Polls: What Does the Next Federal Election Mean for Private Clients?
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
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