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Toronto Ontario Estate Law Blog
It’s Complicated: Estate Planning and Administration for the Modern Family
When it comes to estate planning and administration for the modern family, embracing change is an imperative. No longer will traditional approaches set in the past based on simpler family structures meet changing client needs—and more so going forward as families continue to become even more complex. Join this webinar
U.S. Estate Tax: Heading Toward the Cliff on January 1, 2026
There is increasing uncertainty about the future of U.S. estate tax. On the one hand, under U.S. legislation that temporarily halved the lifetime exemption amount passed during the Trump administration, the lifetime exclusion amount is set to decrease on January 1, 2026, to $5M (USD) adjusted for inflation since 2011,
Four Important Ontario Court of Appeal Decisions on Trust and Estate Matters—and 2023 “Case of the Year”
Now that we are well and truly into calendar 2024, we have the benefit of hindsight. Here are four important Ontario Court of Appeal decisions on trust and estate matters as well as the 2023 “Case of the Year.” Four important Court of Appeal decisions While the Supreme Court of
When You Can’t Find a Suitable Power of Attorney for Personal Care
In past blogs, we’ve discussed the importance of having a Power of Attorney for Property and a Power of Attorney for Personal Care. Without these documents in place, your loved ones will be faced with the long process of applying to court to become a guardian in the event you
Trustee Discretion: Where Absolute does not mean Unfettered
Trusts, and discretionary trusts in particular, are a staple of estate planning for their flexibility and adaptability. They can address a multitude of situations such as: managing assets for spouses, minors, persons with disabilities or vulnerabilities; asset protection and preservation; business wealth and succession; and incentivizing activities such as education.
A Guide on Gifting to Grandchildren
The welcoming of a new child into the family is a great time for parents to update their estate plan to include their bundle of joy. But what about a new grandparent? The question always arises: should I leave anything for my grandchildren? The short answer is that you don’t
Don’t Wonder if the Court Could Save Your Will, Wonder if it Should
Effective January 1, 2022, the Succession Law Reform Act (SLRA) was amended to include section 21.1, permitting Court-ordered validity of an otherwise deficient Will. The language of subsection 21.1(1) reads as follows: “If the Superior Court of Justice is satisfied that a document or writing that was not properly executed
Why a Comprehensive Will or Trust Can Avoid Ambiguity and Extra Expense
Most of us have heard of the “KISS” principle, which stands for “keep it simple, stupid.” The natural assumption is that simple equals short and sometimes this is true, but not always. When it comes to legal documents such as Wills and trusts, the devil is in the details, and
Modern Family: Who is a Parent? Who is a Child? It’s Not Just About Biology Any More
It’s important to understand who is a child and who is “issue” when these class terms are used in a will or trust agreement given changing legislation in many jurisdictions, including in Ontario, which redefines who is a parent and who is a child or issue. The All Families Are
Daughters-in-Law and Sons-in-Law in Your Estate Plan: Pitfalls to Avoid
When your child marries, you hopefully are not losing your child, but instead gaining a new son or daughter. Does this mean your new son or daughter should be treated like your child when it comes to your estate plan? Although there is no legal obligation to gift anything to
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