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Toronto Ontario Estate Law Blog
Going Paperless: Electronic Wills
The increasing pace of technological change is our reality, and when it comes to estate planning, there is no exception. The traditional formalities for wills and powers of attorney are stricter than for most legal documents: for example in Ontario a will has to be in writing and signed at
Estate Plan “Health Check-Up” – Keeping up to Date with Recent Legal and Tax Changes
In both our August 2015 and March 2016 blog posts, we discussed the importance of frequently reviewing your estate planning documents, as personal and financial circumstances can constantly change. Failing to make necessary revisions to your estate planning documents may result in unintended consequences that do not accurately reflect your
Change is the Only Constant: A Perspective on Changes to Canadian Income Tax Rules for Private Corporations
On July 18, 2017, the Federal Government announced changes to close “loopholes” in the taxation of private corporation income. One of the stated goals is to provide for “fairness” in the taxation of income so that business income earned through a private corporation is not “unfairly” subject to lesser rates
Impact of U.S. Tax Reform on Estate Planning for Canadians with U.S. Connections
U.S. tax reform measures were signed into law by President Trump on December 22, 2017, culminating a whirlwind legislative process at the end of 2017 which resulted in the Tax Cuts and Jobs Act (the “Tax Act”), the most significant changes to U.S. tax law in over three decades. These
Domestic Contracts to Protect Family Wealth: Unassailable or Not?
When family wealth is at stake, parents may wish to encourage their children to enter into a domestic contract with their partners. The purpose may include to protect significant gifts and inheritances, a home owned at date of marriage, or a family business. With divorce rates at an all time
U.S. Tax Reform Moves Forward at Breakneck Speed
No doubt many U.S. legislators were chewing on tax reform over the U.S. Thanksgiving weekend, as well as enjoying their turkey, as unprecedented momentum is moving U.S reforms ahead at breakneck speed demonstrating Congress’s desire to complete tax reform before year end. The proposed changes will be the most significant
Acting as an Executor or Attorney: Starting Out on the Right Foot
One of the questions we often get asked by people who are planning their estates or for incapacity is who they should appoint to be the executors of their will or their substitute decision makers if they become incapable. (In Ontario, substitute decision makers during incapacity are known as attorneys
Putting the “Success” Back Into Succession Planning
One of the increasing challenges facing parents and other family members today is achieving success in their estate planning – passing on their wealth well. But how should we define “success”. From a professional viewpoint, much of estate planning focuses on ensuring a tax and cost-efficient transition of wealth to
Estate Planning and Marriage Breakdown – Protecting the Inheritance
In estate planning, a parent typically wishes to provide for their children and each child’s family. However, this desire to benefit the child’s family often has a caveat: the child’s spouse should not receive any part of the inheritance in the event of separation or divorce.
Medically Assisted Dying in Canada – An Update
In April 2017, the CBC reported that over 1,300 people in Canada have died with medical assistance since the Criminal Code was amended in 2016 to legalize medical assistance in dying (“MAID”). While this statistic points to the importance of MAID for many Canadians, the new legislation has not settled
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