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Toronto Ontario Estate Law Blog
Safekeeping of Original Estate Planning Documents: Hard Copies are Hard to Replace
It is becoming more and more the “norm” in many areas of day-to-day life that in lieu of an original paper copy of a document being given to us during some form of transaction or interaction, the document is instead created and sent to us digitally. Consider for example car
Multiple Taxation on Death: The Taxpayer’s Nightmare
With increasing globalization of people and their assets, a growing and often hidden threat is multiple taxation on death. Different countries tax in different ways on death, and when those laws collide, the same assets can be exposed to double and even triple tax or more. Some countries tax the
Fun in the Sun, Until the Probate Court Comes?
While this winter in Toronto has been blessedly mild, colder weather makes many of us wonder why we live in a cold climate, or at least envy those who have vacation homes in warmer climates. While a vacation home in Florida or Arizona or other southern destinations may be a
The Family Wealth Conversation – Too Little, Too Late?
One of the issues of increasing concern to parents is having that family wealth conversation. With increasing affluence, the present post-war baby boom generation is confronting more so than their parents had to, the best way to approach talking with their children about financial matters, including their eventual inheritance. While
No Estate Planner is an Island
A well drafted will is not worth the (stack of) paper it is written on if it fails to achieve the client’s objectives. Those objectives are often defeated where an estate plan is not properly designed, implemented, or maintained. Under the traditional approach to estate planning, the lawyer typically designs
Special Needs Planning: Knowledge is Power
As parents, we worry about our children: a truism that becomes even more true, and often extends to siblings, grandparents, aunts and uncles, when a child has special needs. We worry about what will happen to the special-needs individual, how they will care for themself and be cared for, and
Best Interest – Conflict of Interest: The Provision of Financial Advisory and Financial Planning Services
As we look forward in our crystal ball to looming issues on the horizon for 2017, one that certainly comes to the fore is the regulation of those who provide financial advice and financial planning services, often offered under the nomenclature of “estate planning” or “retirement planning” advice. There is
Start the New Year off on the Right Foot
As of today, according to the Gregorian calendar, we are just over one month away from ringing in the New Year. If you are already contemplating your New Year’s resolution, we thought we would help out in this blog post by providing you with a shortlist of “thinking points” for
Owning a Home Jointly with a Child – More Trouble than it’s Worth?
In Ontario, on an application for a Certificate of Appointment, the applicant must pay Ontario Estate Administration Tax (also known as “probate tax”). Probate tax is levied at an approximate rate of 1.5% on the gross value of the estate. Assets passing outside of an estate, such as jointly-owned assets,
Ethos for an Aging Society
It is quite remarkable to think that notwithstanding our increasingly aging demographic,1 the recognition of the rights of older persons as a distinct group has been largely absent in the field of human rights. Only recently the rights of older persons as a distinct group have begun to emerge and
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