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Toronto Ontario Estate Law Blog

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

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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

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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

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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

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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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An Elegy to 2020

As we wind down this most unprecedented, uncharted, and unreal year in memory, it might be a good time to reflect on some important truths and essentials as 2021 is on our doorstep, but with hope now in sight as the vaccines start to roll out. The COVID-19 pandemic has

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An Update on Virtual Witnessing and Electronic Wills

One of the most common questions our clients ask is whether they can sign their Wills and Powers of Attorney with an electronic signature. Our lives are getting busier, our goal of reducing paper waste is more focused, and clients are understandably questioning the historically strict formalities of executing estate

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