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Article

Understanding Estate Administration Tax in Ontario

What are probate fees and what are the exceptions to probate? Estate Administration Tax (EAT), also referred to as probate fees, is the tax applicable on the total value of the estate of a deceased person. When a...
Nov 2023
Article

Options for Your Final Resting Place

Introduction In Ontario, the individual designated as the estate representative holds the ultimate authority in determining the disposal of a dec...
Nov 2023
Article

Do You Have a Henson Trust in Your Will for a Disabled or Incapable Beneficiary?

A Henson trust clause or paragraph is typically included in a Will in respect of a beneficiary who is or is likely to be a recipient of social assista...
Nov 2023
Article

Thinking About Adding Your Children on Title to Avoid Probate Fees?

Estate Planning and Joint Ownership Why do people consider adding their child on title as a joint tenant for their property? Often, parents want to deal with the transfer of real propert...
Nov 2023
Article

Why Make a Will?

What is a Will? A Will is a document that leaves instructions about what you want done with your personal possessions and property after you die. Havi...
Nov 2023
Article

Powers of Attorney and Medical Assistance in Dying - Common Questions and Concerns

Trigger Warning: This article contains themes and topics that may be upsetting to some individuals. A Power of Attorney for Personal Care is a docume...
Feb 2023
Article

Updates in Estate Law Legislation - Part II

We march closer to the end of 2021, another long and strange year. Big changes have taken place in modernizing Estates law, and some of these changes ...
Jan 2022
Article

Updates in Estate Law Legislation

There have been numerous changes to Wills and Estates law that may warrant an update to your Wills and Estate plans. When the First Spouse Dies Witho...
May 2021
Article

Mirror Wills vs. Mutual Wills: Differences and Considerations

Spouses often choose to draft Wills with reciprocal terms that leave their respective Estates to each other, and then if one of them predeceases the o...
Oct 2018
Article

Joint Ownership with Your Adult Child: Be Sure to Document Your Intention

It has become increasingly common for individuals to hold their assets jointly with their adult children.  Some may do so as an estate planning s...
Oct 2018
Article

Last Wishes and The Authority of an Estate Trustee

Imagine that you are an Estate Trustee for a family member or friend’s Estate, and that she has asked you to cremate her body and to dispose of ...
Mar 2017
Article

Testamentary Freedom vs. Public Policy

A recent wave of Canadian case law has shone some light on testamentary freedom, and the exceptions to this freedom. An individual has the freedom to ...
Oct 2016
Article

Compensation for Executors and Attorneys under Power of Attorney

Acting as an attorney under a Continuing Power of Attorney for Property (PoA) for an incapable person or as the Executor of an Estate, can involve con...
Feb 2016
Article

The Latest Baby Boomer Dilemma: Spousal Support Obligation and Early Retirement

Family law lawyers are increasingly encountering issues arising on the breakdown of a marriage where the parties previously agreed that one spouse cou...
Jan 2016
Article

U.S. Estate Tax: Don’t Just Throw Your Vacation Home into a Trust

Too little attention is paid to cross-border tax traps. Even when advice is sought, the response is often incomplete or simply wrong because it is res...
Nov 2014
Article

The Role of the Family Meeting in Estate Planning

Common issues that arise in families upon the death of a parent (or parents) are questions as to the parents’ choice of Executor, the distributi...
Mar 2014
Article

Beneficiary Designations and Minor Children

Often, minor children are designated as beneficiaries of the proceeds of life insurance policies, or of investment accounts such as RRSPs and RRIFs.&n...
Feb 2014
Article

Estate Planning for the Vacation Property

Few assets generate the kind of emotion associated with the family vacation property.  Whether it is a cottage, farm, ski chalet, or a condominiu...
Feb 2014
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