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Toronto Ontario Estate Law Blog
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
Heading South For The Winter? Don’t Forget Your Powers of Attorney
As colder weather approaches, Ontario snowbirds will start flocking to warmer climates. According to a 2018 study commissioned by The Canadian Trade Commissioner Service, close to 500,000 Canadian snowbirds spend their winters in Florida. Arizona and California are also popular destinations. Many, if not most, will arrange health insurance in
Bridging the Common Law-Civil Law Succession Divide
For those of us who live and work in a common law world, it is hard to imagine that we are by far the minority. Most of the world is governed by a civil law regime, customary law or religious law. Continental Europe, Russia, China, Japan, South America, Mexico and
Beneficial Ownership Disclosure: Only the Latest Hit
People often wish to ensure confidentiality in doing their estate planning as an important goal. A trust is a common vehicle to do so, since court probate processes, which have been around for centuries, are public and once a will is probated it becomes a public document. The current government
Heads Up On Cross-Border Probate
With increased mobility, it’s becoming more common to have assets in several jurisdictions, in which case, it is important to create a comprehensive estate plan that considers all of your assets and not just the assets located where you live. To deal with assets in more than one jurisdiction, there
Breaking the Silence: Dealing With Mental Health Issues in Estate Planning
One of the benefits that a trust and estate lawyer like myself enjoys is that we deal with people of every background, age and personality type and often in very profound ways. In short, we encounter all the diversity that humanity can offer. We see many family situations which gives
How Old (or Not) Should Your Executor Be?
One issue which people planning their estates frequently struggle with is who to appoint as their executor. The choice for this important role deserves serious consideration. There are many factors to be taken into account in selecting the right person, one of which is his or her age. Your executor’s
Can You Disinherit Your Child?
The family landscape is changing with increases in blended families, matrimonial breakdown and cohabiting. This may mean shifting family dynamics and relationships, which will likely translate to more complex estate planning. A parent may not want to pass his or her property to a child for a number of reasons.
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