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Toronto Ontario Estate Law Blog
The Perfect Crime Against a Perfect Trustee: The Unsolved Murder of Detlev Rohwedder
In the evening hours of April 1, 1991, on what otherwise may have been a relatively unassuming day in Düsseldorf, Germany, Detlev Karsten Rohwedder was murdered at his home, in cold blood. The case remains unsolved and arguably ranks as Germany’s own version of the JFK assassination – a prominent
Heads Up: Pitfalls of Dying Intestate with Minor Children
When a person dies without leaving a valid will, they have died “intestate”. A valid will can provide for who should administer the estate, who should benefit from the estate, and the terms on which the beneficiaries inherit. If you die without a will in place, your estate will be
A New Paradigm: Wealth Advising for the Future
As an estate lawyer, how many times have I said under my breath to myself as my clients have exited the boardroom after an often lengthy, revealing, intense, and always interesting meeting: “I don’t need a law degree – I need a psychology degree!” I am sure my sentiment is
The Pros and Cons of Multiple Executors and Trustees
An executor is the person appointed to carry out the provisions in a will, including distribution of the estate. A trustee is the person appointed in a will (in the case of testamentary trusts) or other trust document (i.e., an inter vivos trust) to administer a trust for the benefit
The Good, the Bad, and the Ugly: the Consequences of RRSPs on your Estate, Beneficiaries
On March 14, 1957, the Honourable Walter Harris, Minister of Finance under the Liberal government of Louis St. Laurent, delivered a landmark budget speech to Canada’s House of Commons. Despite John Diefenbaker’s rise to power on June 10, 1957, mere months later, the groundwork was laid for the implementation of
How to Remove the Clutter and Organize Your Affairs
Many of us feel overwhelmed when it comes to keeping our financial affairs up-to-date and in order. Whether it is technological challenges, including accessing the information we need through a portal when it used to come automatically through snail mail, new legislation and increasing tax compliance or keeping our estate
Planes, Trains, and Automobiles: Benefits of a Local or Separate Situs Will, or Power of Attorney
“When Should You Have a Local or Separate Situs Will or Power of Attorney?” Many of our readers, especially business owners, may be familiar with the concept of having multiple wills in the same jurisdiction, where each will governs different classes of assets—usually used to avoid paying estate administration tax
Margaret O’Sullivan Wins Bronze In “Outstanding Individual of the Year” Category
Join us in congratulating Margaret O’Sullivan, founder and managing partner of O’Sullivan Estate Lawyers LLP, in winning Bronze in the “Outstanding Individual of the Year” category in the Citywealth Powerwomen Awards USA 2024. Margaret responded on winning this award: “This is a special honour that means a lot to me.
Testamentary Freedom: Spence Up Your Life
Spence v BMO Trust Company, 2016 ONCA 196, is a topical case which has featured in our blog as recently as January 2023. This case serves as a reminder that testamentary freedom – a will-maker’s right to dispose of his or her property as he or she sees fit – is
A Guide To Fiduciary Accounting For Ontario Trustees, Executors & Attorneys For Property
What is the duty to account? This refers to the obligation of persons acting in a fiduciary capacity, such as a trustee, executor or attorney or guardian for property, to keep records of the assets and liabilities they are managing on behalf of others and be able to accurately report
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