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Toronto Ontario Estate Law Blog
The New Non-Resident Speculation Tax and Estate Planning and Administration: What You Need to Know
The Ministry of Finance recently introduced a 15% tax on the purchase or acquisition of a residential property in the Greater Golden Horseshoe by individuals who are not citizens or permanent residents of Canada or by foreign corporations or taxable trustees. The new Non-Resident Speculation Tax (“NRST”) is in addition
The Principal Residence and Capital Gains Tax – New Rules, New Pitfalls
Most taxpayers know that when you sell an asset which has increased in value, the federal Income Tax Act provides that you will generally be liable for capital gains tax on the net increase in value, unless there is an applicable exemption. One exemption from capital gains tax is for
Tax Reform Revealed: Will the U.S. Become the Best Next Tax Haven?
On April 26, 2017, with great fan-fare, the White House announced bold proposals for tax reform, the primary objective of which is to stimulate economic growth. These reforms could be a real game-changer if they succeed in creating new jobs, fuelling economic expansion, and making the U.S. more competitive –
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
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