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Author: O'Sullivan Estate Lawyers

A Guide on Gifting to Grandchildren

The welcoming of a new child into the family is a great time for parents to update their estate plan to include their bundle of joy. But what about a new grandparent? The question always arises: should I leave anything for my grandchildren? The short answer is that you don’t

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Don’t Wonder if the Court Could Save Your Will, Wonder if it Should

Effective January 1, 2022, the Succession Law Reform Act (SLRA) was amended to include section 21.1, permitting Court-ordered validity of an otherwise deficient Will. The language of subsection 21.1(1) reads as follows: “If the Superior Court of Justice is satisfied that a document or writing that was not properly executed

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Never Will I Ever: Constraints on the Authority of Attorneys

The ability of a person to appoint a substitute decision-maker, known as an attorney, is a longstanding right of those in Ontario with the requisite capacity and is governed by various provincial legislation and case law. This right is much the same in many other common law jurisdictions, but terminology

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How to Navigate the Underused Housing Tax (UHT) Maze

Canada’s underused housing tax (UHT), which took effect on January 1, 2022, had its first filing deadline on April 30, 2023. However, the Canada Revenue Agency (CRA) provided transitional relief so that no penalties or interest will be applied for returns and payments received before November 1, 2023. In a

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How Not to Update Your Will

Your Will is an expression of your last wishes and sometimes, as circumstances and family dynamics change, you will need to update your Will to reflect these changes. But these updates should not be taken lightly and, if not done properly, can put your entire estate plan in jeopardy. This

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Beyond the Business: Other Uses for a Dual Will Plan

In jurisdictions where there are high probate fees, like Ontario, using multiple Wills in your estate plan is of particular importance. As you may be aware, you can have two Wills – a Primary Will that governs any asset that would likely attract a request of probate, and a Secondary

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Your Life, Your Estate Plan, Your Choice

This is definitely dating myself, but in thinking about this blog I was unable to get Jon Bon Jovi’s “It’s My Life” out of my head (check it out on YouTube here). Sorry for the earworm! Mr. Bon Jovi (we’ve never met, so I’ll not call him Jon just yet)

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How to Deal with Personal Effects to Prevent Family Fights

Clients like to say that they don’t have any personal effects of value. While they likely mean monetary value, they are overlooking the sentimental value these items may have. Fights over estates are not always about the dollars and cents. It is not uncommon to see fights among beneficiaries that

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