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Celebrating

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Category: Executors and Trustees

Who’s in Charge? Key Considerations in Choosing Your Executors

Who will be in charge of executing your will is one of the most important decisions to make in the estate planning process. People often only consider close family members, but they may not always be the best choice. Here are some key considerations. An executor must be at least the

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How Old (or Not) Should Your Executor Be?

One issue which people planning their estates frequently struggle with is who to appoint as their executor. The choice for this important role deserves serious consideration. There are many factors to be taken into account in selecting the right person, one of which is his or her age. Your executor’s

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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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Critical Dates in Estate Administration: What You Need to Know

When a loved one passes away, whether it is expected or not, their death begins not only the process of grieving by those left behind, but also the process of dealing with what the deceased family member has left behind. There is often uncertainty and apprehension felt by those in

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Appointing an Executor Under a Will: A Modern-Day Dilemma

Earlier this week, O’Sullivan Estate Lawyers participated as one of the gold sponsors of the STEP Canada (the Canadian branch of the Society of Trust and Estate Practitioners) 20th National Conference in Toronto, which annually brings together trust and estate specialists from across Canada and other countries to share knowledge

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Acting as an Executor or Attorney: Starting Out on the Right Foot

One of the questions we often get asked by people who are planning their estates or for incapacity is who they should appoint to be the executors of their will or their substitute decision makers if they become incapable. (In Ontario, substitute decision makers during incapacity are known as attorneys

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Fiduciary Accounting – Slicing the Pie Without Causing Indigestion

Transparency has become a powerful discussion point in recent years. A lack of corporate financial transparency has arguably been the cause of many modern major financial crises and corporate bankruptcies. Whether you agree with this view or not, transparency is a hot-button issue, both socially and politically. Lack of transparency

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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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