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Toronto Ontario Estate Law Blog
Ongoing Income Streams After Death: How to Address Royalties in Estate Planning and Administration
Clarence Darrow once said: “Someday I hope to write a book where the royalties will pay for the copies I give away.” Royalties are payments made to the owner of an asset for the right to use that asset, typically being a percentage of the income derived from such use.
Why Do We Procrastinate When It Comes to Estate Planning?
Procrastination is the act of delaying or putting off tasks. It’s not about laziness or indolence, but is caused by fear or anxiety or as a way to cope with unpleasant emotions. Wealthy, successful people can be the biggest procrastinators. In fact, among respondents with a doctorate or master’s degree,
Gift or Loan? How to Help Your Child Buy a Home Without Legal Headaches
Although the housing market in the Greater Toronto Area (GTA) and elsewhere is currently undergoing a downturn, likely due to economic uncertainty, home ownership remains out of reach for many. For young Canadians, a home purchase is often supported (at least partially) by the “Bank of Mom and Dad.” In
Beneficiary Designations for Registered Accounts: Do You Really Want The Courts To Get Involved?
In Ontario, individuals may designate beneficiaries for their registered accounts—such as TFSAs, RRSPs, RRIFs, and FHSAs (see Part III of the Succession Law Reform Act, RSO 1990, c S.26 (SLRA)). This designation ensures that, upon the account holder’s death, the proceeds are paid directly to the named beneficiary, thereby bypassing
1,270 Days Later: The Sequel to Substantial Compliance in Ontario
In November of 2023, I wrote about Ontario’s topical “validating” provision – section 21.1 of the Succession Law Reform Act (SLRA) – and whether it might risk “emboldening those seeking self-help remedies.” More than a year later, the case law has continued to evolve on this provision, and I feel
Changing Your Mind and Your Family Trust Can Be Hard to Do: Just Ask Rupert Murdoch
Many of you may have read about the recent Murdoch family trust dispute, the elements of which are a real-life drama even more interesting than an episode of the Succession series, thought to be based on the Murdoch family’s trials and tribulations. The court decision in this case provides lessons to
Grant Me This: Resealing and Ancillary Probate Grants in Ontario for Multijurisdictional Estates
When a loved one passes away, one of the first legal steps in managing their estate can be the need for probate—the court process that confirms the validity of a will and grants authority to the executor to administer the estate. When an estate does not have cross-border or multijurisdictional
Conflict of Laws: An Interprovincial Perspective as to Which Laws Govern
If you have assets, prospective beneficiaries, or other connections to foreign countries, you have cross-border or multijurisdictional considerations in your estate planning or administration. Even closer to home, you may encounter the operation of conflicting legal regimes. For this reason, for some purposes, it can be helpful to conceptualize the
The Many Advantages of Donor-Advised Funds (DAFs)
There are many reasons and many ways to give. Charitable giving is a very personal choice—including which charity to benefit, the purpose and objective of the gift, the source of the gift, the timing of the gift, and even the vehicle to carry out the gift. Every philanthropist is unique
Making Controversial Gifts and Personal Autonomy: The Right to Decide
What does the law say about your autonomy to make gifts, whether during your lifetime or on death under your will? When will the law intervene, and when will it step aside? This issue is of increasing importance in our aging society where many of us will live well into
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