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Toronto Ontario Estate Law Blog
Redefining Family
Sometimes the law leads in pushing societal change forward, but often it lags far behind, particularly in the face of scientific innovation and rapid technological change. Over the past forty years or so, even how we define family has been subject to fundamental change, and in the future it will
The Many and Varied Uses of Letters of Wishes in Your Estate Plan
Estate planning documents (such as a will, power of attorney for property, power of attorney for personal care, Henson-type trust and/or inter vivos trust) are the legal framework of an estate plan–the “apparatus”–which can seem to be a tricky network of legal rules, directions, and often unavoidably, a lot of
The Two Certainties: Death and (Foreign) Taxes
A failure to take into account taxes on death can often defeat an estate plan. It can result in a smaller estate being available for distribution and it can also result in some beneficiaries bearing a disproportionate amount of the estate’s tax burden. While most estate plans take into account
Filtering Out the Noise in Your Estate Planning
You’ve heard it before: there’s a lot of information out there these days. Thousands of hours of Youtube content are uploaded every day. Wikipedia entries are updated every minute. Blogs are written, websites created and refreshed. You can find information, accurate or not, on just about any subject, no matter
Zen and the Art of Estate Plan Maintenance
You may remember the bestseller Zen and the Art of Motorcycle Maintenance which explores many themes, including the dichotomy between the “romantic” approach to life versus the “classical” approach–in the moment versus rational analysis–and the common ground linking them. The sense of mastery and peace of mind that comes with
Considerations in Appointing Guardians of Minor Children Under Wills
In addition to purchasing a first home, the birth of a child is another momentous life event that often spurs people to prepare a will. Expecting parents and parents of young children are usually keen to put wills in place in order to ensure that if something happens to them,
A Pragmatic Approach to Dealing with Information Requests by Trust Beneficiaries
There is often a legal answer and a practical answer to whether a trustee should disclose information and documentation requested by a beneficiary. The practical answer favours disclosure – it is easier and less costly to disclose than to fight a request. Disclosure also increases transparency. Beneficiaries who are kept
Canada, the U.S. and Going Borderless: Nowhere to Hide
Perspective is important and illuminating–only about fifteen years ago, or perhaps even less, it was not common to have to consider the impact our Canadian and U.S. tax and legal regimes have on estate planning and our affairs in general. The 49th parallel and the world’s longest undefended border symbolized
Fiduciaries, Mom and Apple Pie
One question that we are frequently asked is “When does my role as an attorney for property begin?” Often this question comes from an adult child, who wants to know either when they should start helping Mom or when they can start helping Dad with paying bills, making investment decisions,
One Key Ingredient for a Successful Estate Plan: Proper Asset Alignment
In our August 2015 post entitled “Keeping Your Estate Plan Healthy with Periodic Check-Ups” we raised the potentially problematic reality that your estate plan may only be truly up-to-date the day you sign your estate planning documents. We put estate plans in place to ensure that our wishes, intentions and goals
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