our 10th year
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Marriage contracts can certainly be sensible and valuable planning tools for protecting certain property down the road in the event of a separation or divorce. A marriage contract allows a couple some flexibility in deciding the outcome regarding property division and support if (or when, in the case of death)
Many Canadians have purchased homes south of the border encouraged by a strong Canadian dollar and a buyer’s market for U.S. real estate. In 2012, Canadians were the leading international buyers of U.S. real estate, accounting for 24% of sales to international buyers.[1] When considering a U.S. property as a
One of the hallmarks of the English common law is the notion of testamentary freedom–that each of us is free to pass our property on death as we wish, and to whom we wish, and that we can be as foolish, eccentric or capricious as we choose to be, subject
U.S. citizens, including dual Canadian/U.S. citizens, may want to know more about how to expatriate from their U.S. citizenship. Approximately 5600 former Americans have renounced in the last four years, coinciding with an increased general awareness of tax compliance requirements for U.S. citizens worldwide. In this blog, we discuss what
When a person dies leaving assets in more than one country, conflict of laws rules (also known as private international law or PIL rules) step in to help determine which law should govern succession of the estate. These rules are often tricky and confusing to navigate. To achieve more clarity
The U.S. Government enacted the U.S. Foreign Account Tax Compliance Act (“FATCA”) in 2010 to combat offshore tax evasion, introducing detailed reporting requirements which affect some Canadian individuals with U.S. connections and Canadian financial institutions. But did you know these requirements could also affect some Canadian trusts and that trustees
In this blog, we highlight some special opportunities available where a non-Canadian resident passes assets on death to a Canadian resident. To illustrate, a couple of common examples: You have a parent or other relative who never lived in Canada who will be passing significant assets down to you on
Canadians with connections to the U.S., including those who own U.S. assets or have family south of the border, watched with interest as the American Taxpayer Relief Act of 2012 (“ATRA”), became law in early January 2013. The ATRA answered important questions about the future of U.S. transfer taxes, including
An increasing number of individuals have connections to more than one jurisdiction which can significantly affect their estate planning. In this Blog post, we explore a few special issues and considerations that need to be factored in estate planning to ensure a comprehensive and effective estate plan where there is
Many Canadians own shares of U.S. publicly traded corporations and other U.S. securities which they may not know can expose them to significant U.S. estate tax on their death and require their executors to file a U.S. estate tax return and pay any U.S. estate tax due. Pursuant to the