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Toronto Ontario Estate Law Blog
Moving On Up: The Transition to Wealth
The psychology of wealth is emerging as a distinct area of academic study and research. With aging baby boomers, and the trillion dollar wealth transfer that is now beginning to take place, we need to know more about wealth, how it impacts families, and how to successfully transition wealth. The
Outside Marriage, Outside Your Estate? Boilerplate Clauses and Modern Families
One of the most important aspects of estate planning for families is ensuring that everyone who is considered to be part of the family is able to share in the family wealth after death. While each holder of family wealth has different views on how and when this should occur,
Update on Medical Assistance in Dying
It is timely to consider the topic of medical assistance in dying. Since June 17, 2016, three years ago last week, Canadian law has recognized as a fundamental human right to be protected by our Charter of Rights and Freedoms the right to have assisted dying. On that date, Parliament
The True Role of the Trusted Advisor
Much has been written in recent years about the role of the “trusted advisor”. A trusted advisor plays a key role in achieving client goals in their best interests and is worth their weight in gold. To do so, a trusted advisor needs to be able to provide clients with
Canadian Tax Rates: How Do We Compare?
Now that the flurry of another tax season has come and gone, and we can put tax return preparation to the side until next year, its seems timely to consider in a dispassionate way how Canadian tax rates stack up against other countries, in particular the U.S.. Do we pay
Using Letters of Wishes to Guide your Guardians
In Ontario, a standard guardianship clause in a will where there are minor children typically appoints one or more guardians, may include alternate ones, and will usually refer to the need to obtain a permanent appointment by the court pursuant to the Children’s Law Reform Act[1] (please refer to my
Forced Heirship vs Mandatory Succession Rights – It’s All in Your Perspective
In Canada, succession rights are often discussed in the framework of testamentary freedom – see for example our previous blog regarding testamentary freedom which discusses disinheriting a beneficiary such as a child who might expect to inherit. But in many parts of the world, a person not only cannot disinherit
At Which Age Should Children Inherit?
Life spans are increasing. Consider that in Canada over the last decade alone, life expectancy for those who reach 65 has climbed by two years, and men on average who are 65 today can expect to live to 84 and women to 87, while half of Canadians age 20 today
Multijurisdictional Considerations in Appointing Guardians of Minor Children
There are important decisions that need to be made when parents with young families prepare their wills, including who will act as guardian of their minor children should both parents die. Not only do parents want to ensure they are providing for their children financially, they also want to be
A Happy Ending for Basket Clauses
Many people who live or have assets in Ontario are concerned about the amount of Estate Administration Tax (probate fees or “EAT”) that will be payable on their death given the high rate of approximately 1.5% of the value of estate assets. One common estate planning technique for minimizing EAT
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