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Toronto Ontario Estate Law Blog
Planes, Trains, and Automobiles: Benefits of a Local or Separate Situs Will, or Power of Attorney
“When Should You Have a Local or Separate Situs Will or Power of Attorney?” Many of our readers, especially business owners, may be familiar with the concept of having multiple wills in the same jurisdiction, where each will governs different classes of assets—usually used to avoid paying estate administration tax
Margaret O’Sullivan Wins Bronze In “Outstanding Individual of the Year” Category
Join us in congratulating Margaret O’Sullivan, founder and managing partner of O’Sullivan Estate Lawyers LLP, in winning Bronze in the “Outstanding Individual of the Year” category in the Citywealth Powerwomen Awards USA 2024. Margaret responded on winning this award: “This is a special honour that means a lot to me.
Testamentary Freedom: Spence Up Your Life
Spence v BMO Trust Company, 2016 ONCA 196, is a topical case which has featured in our blog as recently as January 2023. This case serves as a reminder that testamentary freedom – a will-maker’s right to dispose of his or her property as he or she sees fit – is
A Guide To Fiduciary Accounting For Ontario Trustees, Executors & Attorneys For Property
What is the duty to account? This refers to the obligation of persons acting in a fiduciary capacity, such as a trustee, executor or attorney or guardian for property, to keep records of the assets and liabilities they are managing on behalf of others and be able to accurately report
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
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