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Toronto Ontario Estate Law Blog
Globalization, Wealth Planning and the Mobile Client
The world is only getting smaller, not bigger. Technological change combined with affluence has increased our connectivity. People are travelling more and increasingly buying foreign real estate and residing in different parts of the world for extended periods of time – often in warmer climates south of the border in
Does Uncle Sam Want You? – An Update on the U.S. Foreign Account Tax Compliance Act (“FATCA”)
Many of you have no doubt heard a lot about FATCA in the press and elsewhere (for example, our June 3, 2013 blog post “What is ‘FATCA’ and What Impact Does it Have for You?”). This legislation is complex, and the questions that come to mind are: what is the
Stepping Into an Incapable Person’s Shoes
We are undoubtedly in the early stages of a surge of a substantial segment of the Canadian population reaching ages when capacity issues will start surfacing for some. With advances being made every day in all areas of health care, we will be faced with an aging population living for
Current Issues in Planning for Family Members with Disabilities
When planning for the financial security of a family member with a disability, it is important to take into account his or her unique circumstances and needs. Available planning options sometimes place a large emphasis on ensuring that income support under the Ontario Disability Support Program (ODSP) is not jeopardized.
Tax, Tax and More Tax: Probate Fee Planning for Extra-Jurisdictional Assets
If you’ve been following the recent Federal Budget changes to testamentary trust taxation, the proposed (but now defeated) Ontario Budget with its increased taxes on higher-income earners, tobacco and airplane fuel, and the recent changes to the Ontario Estate Administration Tax Act (see my December, 2012 blog “The New Ontario
Cross-Canada Checkup: Property Rights on Marriage Breakdown and Death
Canadians are increasingly mobile within Canada. Employees are transferred and move with their families to another province, couples decide to retire in a province with a more moderate climate, or seniors decide to move to be closer to their children and grandchildren. But in changing jobs, lifestyle and family connections,
Planning for Your Digital Estate
An estimated 85% of North Americans use online financial tools such as financial accounts, bill payments and digital currency, according to a 2012 BMO Wealth Institute survey. In 2011, Canadians surveyed valued their digital assets including entertainment downloads, personal records and career information at approximately $47,000 each, as reported in
Planning with Discretionary Trusts for the Matrimonial Home
A common consideration when completing or updating your estate planning is often how best to protect assets in the event of marital breakdown–whether your own marriage, including a second marriage, or an intended beneficiary’s (e.g., a child or grandchild). The need to protect certain assets may be even more pressing
Joint Ownership – The Third Outcome
Joint ownership of property is a common estate planning tool. Where property is owned jointly with a right of survivorship (as opposed to, for example, as tenants in common), the property passes in the normal course to the surviving joint owner on the other owner’s death. In these circumstances, the
Testamentary Trusts – Is There Still a Place for Them in Your Estate Plan?
Many of you have no doubt read a summary or highlights of the 2014 Federal Budget and noted the proposal to eliminate graduated income tax rates for testamentary trusts. Rather than thinking that testamentary trust planning is dead (no pun intended), in our view there are plenty of reasons to
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- Estate planning for High Net Worth
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