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Celebrating

our 10th year
blog anniversary

Category: Estate Planning

Posthumous Use of Reproductive Tissue: Who Decides?

The law concerning assisted reproductive technology (“ART”) occupies a unique space where the autonomy of the human body intersects with property rights, which historically at common law did not extend to the human body or body parts. The world’s first in-vitro baby was born in 1978, but it was only

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Never Too Young To Start: Family Law Considerations for Millennials

In a prior blog on millennials and estate planning, we discussed its importance for the younger generation and the unintended consequences that can result from failing to have proper planning in place. In today’s blog, we hope to take that notion a step further by discussing family law implications that

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The Movement to Transparency and the Erosion of Privacy

We live in a world in which personal privacy is under siege, or perhaps simply not valued as much by many as it was by prior generations. As we reach the end of 2018, this year has seen a number of scandals involving significant data breaches and cyber hacking involving

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Unknown Unknowns: Pension Rights and Estate Planning

While it is less common these days for employment benefits to include a pension, many individuals still do have either a pension (not including the Canada Pension Plan, which is subject to its own rules and which is not the subject of this blog) or a locked-in retirement account (LIRA)

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Death and Taxes: The Buck Does Not Stop Here

Everyone knows that death and taxes are two of life’s certainties, but some of us may not appreciate that our tax liabilities don’t disappear on death and that our legal representatives become responsible for sorting out our unfinished tax business. Some tax liabilities are expected to arise on or after

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Safekeeping of Estate Planning Documents: Digitally Challenged?

As estate practitioners, we continually remind our clients to update their estate planning documents and ensure they reflect their current intentions. A further key consideration is how estate planning documents should be properly recorded, stored and safeguarded. In order to embrace the digital era, the legal community has made significant

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Simplicity vs. Oversimplicity in Estate Planning

Often people who are doing their estate planning have one overriding goal in mind: keep it simple. The so-called “KISS” principle is attractive, and may be appropriate for some. But for many, simplicity can be oversimplicity. Instead of being cost-efficient in the long term and allowing a streamlined estate administration

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Embracing Change – A Postscript

The STEP (Society of Trust and Estate Practitioners) Global Congress held in Vancouver in September, 2018, attracted delegates from over 37 countries and six continents. It was a truly global think tank in which we explored, probed, deconstructed and debated some of the most important changes that are, or will

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Powers of Attorney: Jurisdictional Challenges

A power of attorney (“POA”) is a legal document in which one person, sometimes termed the “grantor”, appoints another person – the attorney – to make decisions and act on the grantor’s behalf. In Canada, POAs are governed by provincial and territorial laws. Two types of POAs are used in

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The Cautionary Tale of Mutual Wills

Estate planning deals with often complex family situations, including the needs of blended families with complicated personal relationships. The goal of estate planning is to ensure your intentions for your loved ones are carried out. There are several ways to address blended family and second marriage situations so that the

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