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Category: Blog

Letters of Wishes: Personal Care Matters

    Advance care planning is the process of planning for your future care. An important component is documenting your wishes with respect to personal care and discussing them with your attorney for personal care, your family, and your friends, as appropriate. Wishes can be expressed in your power of

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Paying for What You Get: General Considerations for Compensating Executors, Trustees and Attorneys

One aspect of estate planning which is often not considered is how executors, trustees and attorneys should be compensated. Yet compensation claims are a frequent matter of contention and resentment, create disputes between executors, trustees, attorneys and beneficiaries, and can even result in litigation. Common scenarios include the executor, trustee

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Globalization, Wealth Planning and the Mobile Client

The world is only getting smaller, not bigger. Technological change combined with affluence has increased our connectivity. People are travelling more and increasingly buying foreign real estate and residing in different parts of the world for extended periods of time – often in warmer climates south of the border in

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Stepping Into an Incapable Person’s Shoes

We are undoubtedly in the early stages of a surge of a substantial segment of the Canadian population reaching ages when capacity issues will start surfacing for some. With advances being made every day in all areas of health care, we will be faced with an aging population living for

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Current Issues in Planning for Family Members with Disabilities

When planning for the financial security of a family member with a disability, it is important to take into account his or her unique circumstances and needs. Available planning options sometimes place a large emphasis on ensuring that income support under the Ontario Disability Support Program (ODSP) is not jeopardized.

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Tax, Tax and More Tax: Probate Fee Planning for Extra-Jurisdictional Assets

If you’ve been following the recent Federal Budget changes to testamentary trust taxation, the proposed (but now defeated) Ontario Budget with its increased taxes on higher-income earners, tobacco and airplane fuel, and the recent changes to the Ontario Estate Administration Tax Act (see my December, 2012 blog “The New Ontario

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Cross-Canada Checkup: Property Rights on Marriage Breakdown and Death

Canadians are increasingly mobile within Canada. Employees are transferred and move with their families to another province, couples decide to retire in a province with a more moderate climate, or seniors decide to move to be closer to their children and grandchildren. But in changing jobs, lifestyle and family connections,

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Planning for Your Digital Estate

An estimated 85% of North Americans use online financial tools such as financial accounts, bill payments and digital currency, according to a 2012 BMO Wealth Institute survey. In 2011, Canadians surveyed valued their digital assets including entertainment downloads, personal records and career information at approximately $47,000 each, as reported in

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Planning with Discretionary Trusts for the Matrimonial Home

A common consideration when completing or updating your estate planning is often how best to protect assets in the event of marital breakdown–whether your own marriage, including a second marriage, or an intended beneficiary’s (e.g., a child or grandchild). The need to protect certain assets may be even more pressing

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