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Toronto Ontario Estate Law Blog
Left the Country, Left Some Assets: Predicaments and Perils on Death
Moving is hard. There are so many details to take care of, to-dos to check off, people to inform. Moving internationally is even more complicated, often involving far-reaching tax implications and a new language, among other changes. In all the confusion and rush, things can get left behind. When it’s
Are You or One of Your Beneficiaries Unknowingly American?
In doing your estate planning, it’s important to know if you or any of your intended beneficiaries are U.S. citizens. Citizenship is not always obvious to determine. It may sound farfetched, but a person can be a U.S. citizen without knowing it. It’s important to consider the tax implications that
Fiduciary Law in a Nutshell: What Must an Executor/Trustee/Attorney Do? Not do?
If you take on the role of executor, trustee, or attorney for property, it is important to understand you will be acting as a fiduciary. Each of these roles is defined by a distinct set of legal principles and rules which constitute fiduciary law. They require that you adopt a
Were You Actually Mom’s Favourite, or Did She Just Have a Bad Estate Plan?
A Look at Resulting Trusts When leaving money to their children, clients generally have two objectives: (1) to make things as simple as possible for their children, and (2) to pay the least amount of taxes. Clients want to ensure that the wealth they have accumulated over their lifetime actually
Ontario Estate Law Gets an Overdue Update
Major legislative changes in estate law are rare. However, we appear to be on the cusp of just such a change in Ontario. On February 16th, the Ontario Government introduced the Accelerating Access to Justice Act, 2021. Bill 245 has passed first reading and been referred to the Standing Committee on
Trustee Compensation: Silence is Not Golden
If not carefully planned for, the amount of compensation paid to the executor(s) for administering an estate or to the trustee(s) for administering any ongoing trusts (collectively referred to as the “trustees”) has the potential to become a contentious issue. In the scope of estate planning, compensation must be part
Traps for the Unwary: When Canadians Have Cross-Border Connections
What are some of the trips and traps to be aware of from an estate planning viewpoint if you are a Canadian, but you have assets or other connections south of the border? In this blog, I will give a few concrete examples drawn from my experience of the problems
The Big Problem with Leaving Gifts to Minors
Many of our clients often wish to leave a small gift to the younger people in their lives, for example grandchildren. This gift is normally nothing extravagant, often a small legacy to help the future generation with their education, purchase a car, a down payment towards a home, or maybe
The Mysteries of Probate, Revealed
Of all the questions I am asked about the administration of estates, the one that comes up the most frequently is “what is probate?” If the question is asked by an executor, the next most frequent question is “how do I know if I need probate?” Often clients in their
Three Ways to Keep Your Estate Plan Flexible
Starting a new year is always a good time to ensure that your personal affairs are in order, including your estate plan. Not only is it important to have an up-to-date will and powers of attorney, but it is important to have an estate plan which can, to the extent possible,
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