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Toronto Ontario Estate Law Blog
Death or Incapacity of a Trustee: Planning Ahead Doesn’t Solve Everything
While it will likely never be the subject of a hit play like “Death of a Salesman”, the death or incapacity of a trustee can have serious practical and financial implications for a trust, and by extension, the beneficiaries of the trust. All too often, the practical and legal requirements
Inheritance Tax, Wealth Tax and More Capital Gains Tax: The Future of Canadian Taxation?
With an aging population, and the trillion dollar transfer of wealth to occur in the face of a shrinking income tax base, and in the face of what some assert is an increasing concentration of wealth at the top, the burning question is whether new forms of death taxes will
Death Taxes: Good or Bad and Why Do We Have Them?
In early February, I had the opportunity and pleasure of participating in a panel discussion of lawyers from several jurisdictions, including the U.S., Mexico, and Italy, at an international legal conference on the interesting topic “Inheritance Tax – Should More Countries Implement It?”. We discussed and compared how our different
Powers of Attorney Disputes and Remedies: Something’s Got to Give
The unfortunate reality is that when it comes to incapable persons, and the Ontario processes to deal with disputes and rights enforcement for them, none of the available processes are without flaws. Even with good planning, substitute decision-makers can disagree with each other or medical professionals regarding the best treatment
Heads Up On “Shacking” Up
Whether it’s a first relationship for a millennial or a second or subsequent relationship for others including baby boomers and seniors, these days more and more couples are choosing to live common law rather than marrying. According to a 2017 census, 21.3% of all couples in Canada were living common
2020 Vision: Creating a Family Contingency Plan
With the start of a new year and a new decade, we tend to focus more than usual on important personal goals and objectives. One goal to consider is creating a family contingency plan. Your plan can be short and simple, or lengthy and detailed. In brief, it entails creating
Tune Up for Twenty Twenty
The end of one year and the beginning of another is a good time to reflect, recharge, and take stock. Even if you don’t celebrate the new year January 1st, it is also a good time to feel grateful for what you were able to complete and make resolutions about
Death in a Digital Age
Your digital assets include everything from your smart phone and Amazon accounts to your social media accounts and web-based banking applications. The Uniform Access to Digital Assets by Fiduciaries Act (2016), as described below, defines a digital asset as “a record that is created, recorded, transmitted or stored in digital
Getting Ready for the New Trust Reporting and Disclosure Rules
In a previous blog, “The Movement to Transparency and the Erosion of Privacy” we wrote about the global move to greater transparency by government and taxing authorities which they claim is necessary to combat money laundering and tax evasion. As part of that agenda which the government asserts is necessary
Change, It Is A-coming: Update on Estate Administration Tax
The current Ontario Government has implemented a couple of changes to the calculation of Estate Administration Tax (“EAT”, often called probate fees) and the process for EAT refunds which are due to take effect January 1st. It has promised further changes to the deadlines for filing an Estate Information Return