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Celebrating

our 10th year
blog anniversary

Category: Thought Leadership

2018 Update on the UN Convention on the Rights of Older Persons

December 10, 2018 marks the 70th anniversary of the Universal Declaration of Human Rights which was a milestone in 1948 for protecting human rights. Surprisingly, older persons are not yet expressly identified as a protected group under international human rights laws. In acknowledgment of the Declaration, the UN International Day

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Children, Equality and Inheritance: Your Final Legacy

On May 4, 2018, we celebrate our firm’s 20th anniversary. I thought it would be fitting as well as helpful to reflect on one of the most challenging questions in family succession: whether children should be treated equally. Being a trust and estate lawyer now for over thirty-five years has

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Someone To Watch Over You

Not to beat a dead horse, but it bears repeating: our population is aging. With an increase in the number of people in our society over 65 comes a variety of social and economic challenges, some of which you are no doubt already familiar with. One issue which many people

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The Rule Against Perpetuities: A Dying Relic 

The Rule Against Perpetuities (the “Rule”) is an old and complex legal rule that aims to prevent the delay of vesting of many types of transferred property interests beyond the “Perpetuities Period” and is the bane of many lawyers who draft wills and trusts. A property interest vests when it

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Going Paperless: Electronic Wills

The increasing pace of technological change is our reality, and when it comes to estate planning, there is no exception. The traditional formalities for wills and powers of attorney are stricter than for most legal documents: for example in Ontario a will has to be in writing and signed at

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Medically Assisted Dying in Canada – An Update

In April 2017, the CBC reported that over 1,300 people in Canada have died with medical assistance since the Criminal Code was amended in 2016 to legalize medical assistance in dying (“MAID”). While this statistic points to the importance of MAID for many Canadians, the new legislation has not settled

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The Family Wealth Conversation – Too Little, Too Late?

One of the issues of increasing concern to parents is having that family wealth conversation. With increasing affluence, the present post-war baby boom generation is confronting more so than their parents had to, the best way to approach talking with their children about financial matters, including their eventual inheritance. While

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No Estate Planner is an Island

A well drafted will is not worth the (stack of) paper it is written on if it fails to achieve the client’s objectives. Those objectives are often defeated where an estate plan is not properly designed, implemented, or maintained. Under the traditional approach to estate planning, the lawyer typically designs

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