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In Ontario, on an application for a Certificate of Appointment, the applicant must pay Ontario Estate Administration Tax (also known as “probate tax”). Probate tax is levied at an approximate rate of 1.5% on the gross value of the estate. Assets passing outside of an estate, such as jointly-owned assets,
It is quite remarkable to think that notwithstanding our increasingly aging demographic,1 the recognition of the rights of older persons as a distinct group has been largely absent in the field of human rights. Only recently the rights of older persons as a distinct group have begun to emerge and
An important decision in estate planning is who to name as attorney for property. As discussed in other posts, an attorney for property is given the authority to manage your assets and finances while you are living but are incapable of doing so. A power of attorney for property or
A “protector” is a person who is given special rights and powers under a will or a trust instrument to participate in the administration of an estate or a trust. Protectors generally provide an oversight function–they ensure the trustees are administering the trust in accordance with the testator’s or settlor’s
Sometimes the law leads in pushing societal change forward, but often it lags far behind, particularly in the face of scientific innovation and rapid technological change. Over the past forty years or so, even how we define family has been subject to fundamental change, and in the future it will
Estate planning documents (such as a will, power of attorney for property, power of attorney for personal care, Henson-type trust and/or inter vivos trust) are the legal framework of an estate plan–the “apparatus”–which can seem to be a tricky network of legal rules, directions, and often unavoidably, a lot of
A failure to take into account taxes on death can often defeat an estate plan. It can result in a smaller estate being available for distribution and it can also result in some beneficiaries bearing a disproportionate amount of the estate’s tax burden. While most estate plans take into account
You may remember the bestseller Zen and the Art of Motorcycle Maintenance which explores many themes, including the dichotomy between the “romantic” approach to life versus the “classical” approach–in the moment versus rational analysis–and the common ground linking them. The sense of mastery and peace of mind that comes with
In addition to purchasing a first home, the birth of a child is another momentous life event that often spurs people to prepare a will. Expecting parents and parents of young children are usually keen to put wills in place in order to ensure that if something happens to them,
There is often a legal answer and a practical answer to whether a trustee should disclose information and documentation requested by a beneficiary. The practical answer favours disclosure – it is easier and less costly to disclose than to fight a request. Disclosure also increases transparency. Beneficiaries who are kept
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