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Toronto Ontario Estate Law Blog
Solving the Multijurisdictional Jigsaw Puzzle: Which Law Applies?
Increasingly, people and their assets have connections to several jurisdictions, rather than just one as in times past. Over the course of a lifetime, many of us will leave a trail behind us of real estate, bank accounts, investment accounts, retirement savings plans and pensions, as well as beneficiaries and
Think of Your Executor when Planning with Joint Assets
Jointly held assets are a popular estate planning tool because of how simple they appear. Adding a child on title to the house seems like a quick way to avoid paying probate taxes, or adding them as a joint owner on a bank account could be a convenient way to
Navigating an Estate Administration: Key Concerns and Deadlines
Overused quote alert! “Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes.” The above statement by Benjamin Franklin in a letter to Jean-Baptiste LeRoy in 1789 is often abbreviated, but the
Guidelines for Your Attorneys for Personal Care: Why They Are So Important
Many of you have a power of attorney for personal care if you live in Ontario, or a similar document if you reside in another jurisdiction. Its purpose is to appoint one or more persons to make personal care decisions on your behalf when you no longer have the capacity
Beneficiary Designations Uncertainty: Where Are We Now?
It is a well-established principle from the Supreme Court of Canada’s 2007 decision, Pecore v Pecore, that there is a presumption of a resulting trust where a gratuitous transfer of property is found. The primary example is when an asset is put into joint names by a parent with an
You Cannot Give What You Don’t Have
Your will can sometimes be seen as your final words to your loved ones. You may want to set out specific gifts to the people who you cherish most or who have helped you out during your lifetime. But as in life, you need to make sure you can actually
“Start Out How You Mean to Go On”: The Importance of Communication in Estate Administration
One of my late husband’s favourite sayings, along with putting “a rod in pickle for your own back” (the relevance of this one will become clear later in this blog, but for a history of this saying, see The Phrase Finder and the Merriam-Webster Dictionary), was “start out how you
Cross-Border Giving Considerations
There are a variety of non-tax and tax reasons to support charities. When deciding which charities to benefit, many Canadians have philanthropic objectives that extend beyond the border. First, it’s important to understand the Canadian tax benefits of charitable giving. Under Canadian tax rules, a donor may claim tax credits
Prescribed Rate Loan Still at 1%: Lowering Your Family’s Tax Bill
For almost two years now, the prescribed rate under the Income Tax Act has been at an all-time low of 1%. This low rate has made using a family trust or spousal loan to split income with minor children, grandchildren and a spouse very attractive – which is in contrast
Little Orphan Assets
When building a life together, one of the more important decisions for married spouses or common-law partners is how to deal with their respective assets and whether or not some or most should be combined. Holding assets jointly with your spouse or partner, particularly in less complex estates, is a
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