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Category: Estate Administration

Multiple Taxation on Death: The Taxpayer’s Nightmare

With increasing globalization of people and their assets, a growing and often hidden threat is multiple taxation on death. Different countries tax in different ways on death, and when those laws collide, the same assets can be exposed to double and even triple tax or more. Some countries tax the

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Fun in the Sun, Until the Probate Court Comes?

While this winter in Toronto has been blessedly mild, colder weather makes many of us wonder why we live in a cold climate, or at least envy those who have vacation homes in warmer climates. While a vacation home in Florida or Arizona or other southern destinations may be a

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Owning a Home Jointly with a Child – More Trouble than it’s Worth?

In Ontario, on an application for a Certificate of Appointment, the applicant must pay Ontario Estate Administration Tax (also known as “probate tax”). Probate tax is levied at an approximate rate of 1.5% on the gross value of the estate. Assets passing outside of an estate, such as jointly-owned assets,

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The Emerging Role of Protectors in Canada

A “protector” is a person who is given special rights and powers under a will or a trust instrument to participate in the administration of an estate or a trust. Protectors generally provide an oversight function–they ensure the trustees are administering the trust in accordance with the testator’s or settlor’s

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Don’t let cross-border properties turn into cross-border pains

Perhaps I should refrain from re-stating the obvious, but it bears repeating–we live in an increasingly global and mobile society, where people move from jurisdiction to jurisdiction with relative ease. And when we’re not picking up and moving residences, we’re travelling to foreign destinations and buying property, opening bank accounts

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Successfully Navigating an Estate with Foreign Assets

For many, borders between home and foreign jurisdictions increasingly matter less and are easily overlooked when acquiring new assets, like a second home in another country and bank accounts and other financial assets. Updating your estate planning to reflect the new status quo of foreign asset ownership, however, doesn’t always

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The New Ontario Estate Administration Tax Regime – What You Need to Know

Recent revisions to the Estate Administration Tax Act (Ontario) under which the Province charges tax of approximately 1.5% of the value of an estate when a will is probated by the court (colloquially “probate fees”) should be of concern to everyone because of the new reporting, enforcement and penalty provisions

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