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Toronto Ontario Estate Law Blog
The Estate Trustee is Dead, Long Live the Estate Trustee
One of the most important decisions to make in planning your Will is choosing your executor and trustee (referred to as an estate trustee). Who should act, whether you should have two or more act jointly, and who to appoint as the alternate(s) should your first choice be unable or
Heads Up: Executor’s Tax Compliance Responsibilities On Death
As we head into tax season, we want to give our readers a refresher and a resource on tax filings for estates. Executors are generally responsible for income tax compliance for a deceased person and their estate, including preparing and filing all necessary tax returns in all relevant jurisdictions, paying
What’s Happening with the U.S. Estate and Gift Tax?
Proposals Galore in Congress in Fall 2021 The U.S. Congress was very busy throughout the Fall of 2021, and it was very challenging for advisors and their clients to keep up with a number of proposals dealing with trusts, how they are taxed, and their rates of tax, other estate
Where to Store Your Signed Original Will and Powers of Attorneys?
Avoid Losing, Misplacing, or Accidentally Discarding a Will As important as having a Will in place that clearly outlines your wishes and intentions after your death is, it ultimately won’t matter if the Will cannot be located on your death. Surprisingly, keeping a Will in a safe and secure spot
New Year, New Estate Laws Are Here
There have been a lot of great songs written about change. Like a broken heart, it’s a universal theme, and an essential part of our human experience. One of my favourites is “Video Killed the Radio Star” by The Buggles. (Fun fact – this was the first music video to
The Preferential Share and Common Law Spouses on an Intestacy: Time for Some Updates
On an intestacy (when a person dies without a will), each Canadian province and territory provides for a mandatory scheme to distribute a deceased person’s property, which is typically between their surviving spouse and children, if any, and alternately to other relatives. Some provinces and territories provide a spouse with
Choosing an Attorney for Personal Care: Life and Death Matters
Preparing a Power of Attorney for Personal Care is a critical part of your estate plan. It offers the ability to choose one or more family members or others who will make personal care decisions for you when you do not have the capacity to do so. A Power of
The Move Towards More Inclusive Drafting in Wills
This past summer, history was made at the 2020 Tokyo Olympics when Canadian soccer player, Quinn, became the first openly transgendered and non-binary athlete to not only compete at the Olympics, but to also win an Olympic medal (which happened to be gold, by the way!). Quinn’s journey to the
Second Spouse, Second Chance for Estate Claims
We all know that divorce rates are high, and common law relationships are increasingly, well, common. You may not know that a very high percentage of divorced individuals will eventually remarry, and more than one in four Canadians who are in a spousal relationship are in their second or subsequent
Personal Tax Measures: What Does the Future Hold?
It is likely an understatement that worldwide there is a sense of trepidation among taxpayers on what measures governments will take to raise tax revenues to pay for the pandemic, and as well to respond to increasing wealth inequality, which the pandemic has exacerbated. A brief survey of what governments
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