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Toronto Ontario Estate Law Blog
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
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
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