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Toronto Ontario Estate Law Blog
For Richer or for Poorer: Differing Rights for Spousal Property Division on Death in Canada
When it comes to spousal property division on death within the Canadian context, many different laws govern. Under constitutional law, property rights fall within provincial and territorial jurisdiction, and with ten provinces and three territories that means thirteen different jurisdictions, each with their own unique laws to govern what happens
Posthumous Use of Reproductive Tissue: Who Decides?
The law concerning assisted reproductive technology (“ART”) occupies a unique space where the autonomy of the human body intersects with property rights, which historically at common law did not extend to the human body or body parts. The world’s first in-vitro baby was born in 1978, but it was only
Never Too Young To Start: Family Law Considerations for Millennials
In a prior blog on millennials and estate planning, we discussed its importance for the younger generation and the unintended consequences that can result from failing to have proper planning in place. In today’s blog, we hope to take that notion a step further by discussing family law implications that
The Movement to Transparency and the Erosion of Privacy
We live in a world in which personal privacy is under siege, or perhaps simply not valued as much by many as it was by prior generations. As we reach the end of 2018, this year has seen a number of scandals involving significant data breaches and cyber hacking involving
Unknown Unknowns: Pension Rights and Estate Planning
While it is less common these days for employment benefits to include a pension, many individuals still do have either a pension (not including the Canada Pension Plan, which is subject to its own rules and which is not the subject of this blog) or a locked-in retirement account (LIRA)
Death and Taxes: The Buck Does Not Stop Here
Everyone knows that death and taxes are two of life’s certainties, but some of us may not appreciate that our tax liabilities don’t disappear on death and that our legal representatives become responsible for sorting out our unfinished tax business. Some tax liabilities are expected to arise on or after
Safekeeping of Estate Planning Documents: Digitally Challenged?
As estate practitioners, we continually remind our clients to update their estate planning documents and ensure they reflect their current intentions. A further key consideration is how estate planning documents should be properly recorded, stored and safeguarded. In order to embrace the digital era, the legal community has made significant
Simplicity vs. Oversimplicity in Estate Planning
Often people who are doing their estate planning have one overriding goal in mind: keep it simple. The so-called “KISS” principle is attractive, and may be appropriate for some. But for many, simplicity can be oversimplicity. Instead of being cost-efficient in the long term and allowing a streamlined estate administration
Embracing Change – A Postscript
The STEP (Society of Trust and Estate Practitioners) Global Congress held in Vancouver in September, 2018, attracted delegates from over 37 countries and six continents. It was a truly global think tank in which we explored, probed, deconstructed and debated some of the most important changes that are, or will
Powers of Attorney: Jurisdictional Challenges
A power of attorney (“POA”) is a legal document in which one person, sometimes termed the “grantor”, appoints another person – the attorney – to make decisions and act on the grantor’s behalf. In Canada, POAs are governed by provincial and territorial laws. Two types of POAs are used in
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