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Toronto Ontario Estate Law Blog
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
Never Will I Ever: Constraints on the Authority of Attorneys
The ability of a person to appoint a substitute decision-maker, known as an attorney, is a longstanding right of those in Ontario with the requisite capacity and is governed by various provincial legislation and case law. This right is much the same in many other common law jurisdictions, but terminology
How to Navigate the Underused Housing Tax (UHT) Maze
Canada’s underused housing tax (UHT), which took effect on January 1, 2022, had its first filing deadline on April 30, 2023. However, the Canada Revenue Agency (CRA) provided transitional relief so that no penalties or interest will be applied for returns and payments received before November 1, 2023. In a
The European Succession Regulation: Recent Developments and Challenges in the Quest for Certainty
Notwithstanding that it is a European Union regulation, the European Succession Regulation can be of great assistance to Canadian citizens who have EU connections in their estate planning. In brief, the Regulation applies to all European Union member states, with the exception of Ireland and Denmark, both of which opted
How Not to Update Your Will
Your Will is an expression of your last wishes and sometimes, as circumstances and family dynamics change, you will need to update your Will to reflect these changes. But these updates should not be taken lightly and, if not done properly, can put your entire estate plan in jeopardy. This
Wills and Estates 101: Keeping Your Legal Terms Straight
This blog is a nod to all of our clients who think they are appointing us (their lawyer/attorney) as their “attorney” for property. We’ve put together this helpful resource of important legal terms in the Ontario estate and trust planning context. We hope this is a helpful tool or refresher
Dare to Choose: Update on Medical Assistance in Dying (MAID)
On the heels of Canada Day, what are the things that make Canada distinctive? Well, on the estate and advance planning front, one significant difference is that Canadians have the ability to choose to end their life with medical assistance that many residing in other countries do not have. We
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