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Toronto Ontario Estate Law Blog
Can You Disinherit Your Child? A Survey of Testamentary Freedom Across Canada
Testamentary freedom – the freedom to dispose of your estate as you wish – is a longstanding principle in Canada and other common law jurisdictions, although each province and territory in Canada has its own governing legislation as well as its own developing caselaw. In contrast, forced heirship is the
The Trust and Estate World Post-Pandemic: The Way Ahead
It is the beginning of a new year and time to reflect on the last three years or so, what impact the pandemic has had on the trust and estate world, and what the way forward will be. So much has changed in so short a period in how professional
When a Parent Doesn’t Know Best: Making Sure Your Parents Have a Good Estate Plan
Heading into a new year is always a great time to think about what you need to accomplish over the next 12 months. Preparing or updating your estate plan is usually high on that list. But in some cases, you may not be as concerned with your estate plan as
But Wait, There’s More: Canadian and Ontario Laws That Can Impact Estates and Trusts
In January of this year, our blog “New Year, New Estate Laws Are Here,” summarized the substantive changes to Ontario estate and trust law which came into effect on January 1, 2022. These changes were significant, and we expected significant litigation to go along with them. So far, this abundance
“Effective Immediately” versus “Springing” Continuing Powers of Attorney for Property
Under a continuing power of attorney for property (for ease of reference, referred to throughout this blog as a power of attorney), a grantor can give the authority to one or more people to manage their money and property on their behalf. In Ontario, the person appointed in this role
Modern Estate Planning for Modern Families
I recently had the pleasure to participate in a webinar for the Canadian Legal Innovation Forum on contemporary drivers, trends and disruptive forces in estates practice and how estate lawyers are evolving their practices to meet them. One of the topics addressed in our panel discussion was generational and societal
Legalization and Authentication: How Does a Canadian Document Get Recognized in a Foreign Jurisdiction?
As clients are becoming more and more mobile, it is common to have assets all over the world which leads to multi-jurisdictional estate administration on the mobile client’s death or incapacity. There are international treaties that try to make things easier and connect all these jurisdictions. One of these international
New Trust Reporting and Disclosure Rules – Expect the Unexpected for 2022
In our previous blog, “New Trust Reporting and Disclosure Rules,” we wrote about the new Canadian trust reporting and disclosure rules which were originally to come into effect in 2021. Updated draft legislation was released by the Department of Finance on August 9, 2022, and the legislation is now expected
Whom To Inform About Your Estate Plan
You’ve gone through the process of executing your Will(s), Continuing Power of Attorney for Property and Power of Attorney for Personal Care… now what? This blog looks at some of the considerations after you have signed your key estate planning documents. Storage One of the key considerations is where to
Wealth and Income Inequality: The Challenges Ahead
It is difficult to pick up a magazine or newspaper these days without reading an article or two which touches on the topic of wealth and income inequality and the growing concern on how best to address it. The pandemic, raging inflation and enormous government deficits have only put more
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