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Category: Family Law

“It’s Not Easy Becoming Green”: When It May be Time for a Trust to Follow Beneficiaries to the U.S.

O'Sullivan Estate Lawyers July 7, 2021

In the estate context, it’s not easy dealing with trusts where U.S. beneficiaries are involved. U.S. beneficiaries can seriously complicate an estate plan, particularly regarding ongoing trusts. In a previous blog, “Estate Planning When a Child Moves to the U.S.,” I discussed the tax implications and Canadian tax filings which

Were You Actually Mom’s Favourite, or Did She Just Have a Bad Estate Plan?

O'Sullivan Estate Lawyers March 31, 2021

A Look at Resulting Trusts When leaving money to their children, clients generally have two objectives: (1) to make things as simple as possible for their children, and (2) to pay the least amount of taxes. Clients want to ensure that the wealth they have accumulated over their lifetime actually

Ontario Estate Law Gets an Overdue Update

O'Sullivan Estate Lawyers March 16, 2021

Major legislative changes in estate law are rare. However, we appear to be on the cusp of just such a change in Ontario. On February 16th, the Ontario Government introduced the Accelerating Access to Justice Act, 2021. Bill 245 has passed first reading and been referred to the Standing Committee on

Traps for the Unwary: When Canadians Have Cross-Border Connections

Margaret O'Sullivan February 18, 2021

What are some of the trips and traps to be aware of from an estate planning viewpoint if you are a Canadian, but you have assets or other connections south of the border? In this blog, I will give a few concrete examples drawn from my experience of the problems

The Big Problem with Leaving Gifts to Minors

O'Sullivan Estate Lawyers February 8, 2021

Many of our clients often wish to leave a small gift to the younger people in their lives, for example grandchildren. This gift is normally nothing extravagant, often a small legacy to help the future generation with their education, purchase a car, a down payment towards a home, or maybe

Beneficiary Designations on Separation and Divorce: Your Ex May Take More than the Couch

O'Sullivan Estate Lawyers November 24, 2020

When major life events occur, it is important to consider your estate planning and what updates and changes must be done. In no circumstances is this more true than when a person gets married, separated or divorced. Each of these life events affects a person’s estate plan in different ways.

Do You Know Who Your Spouse Is?

O'Sullivan Estate Lawyers August 5, 2020

The definition of who is and who is not a spouse, both for legal and income tax purposes, has changed a lot in the last few decades. Some previously discriminatory laws have been abolished (for example, the bar to same-sex couples marrying) and some rules have been updated to reflect

The Preferential Share on an Intestacy: Time for an Update

Marly Peikes July 22, 2020

On an intestacy (when a person dies without a will), each Canadian province and territory provides for a mandatory scheme to distribute the deceased’s property, which is typically between the testator’s surviving spouse and children, if any, and alternately to other relatives. Some provinces and territories provide a spouse with

Considerations in Giving to Your Children

Marly Peikes June 9, 2020

As people are living longer, often well into their nineties, the way wealth is transferred to the next generation is starting to shift. The paradigm of waiting to pass family wealth to children on the second parent’s death is being reconsidered because parents are living longer and children have a

Estate Planning When A Child Moves to the U.S.

O'Sullivan Estate Lawyers May 26, 2020

A Canadian estate with U.S. connections can face complications due to the presence of any one of a number of factors. Sometimes these issues are known, and sometimes events occur which were not anticipated. When a child moves to the U.S., parents should review their estate plan and consider what

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Category: Family Law

“It’s Not Easy Becoming Green”: When It May be Time for a Trust to Follow Beneficiaries to the U.S.

Were You Actually Mom’s Favourite, or Did She Just Have a Bad Estate Plan?

Ontario Estate Law Gets an Overdue Update

Traps for the Unwary: When Canadians Have Cross-Border Connections

The Big Problem with Leaving Gifts to Minors

Beneficiary Designations on Separation and Divorce: Your Ex May Take More than the Couch

Do You Know Who Your Spouse Is?

The Preferential Share on an Intestacy: Time for an Update

Considerations in Giving to Your Children

Estate Planning When A Child Moves to the U.S.

Contact Us For An Appointment