our 10th year
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In our August 2015 post entitled “Keeping Your Estate Plan Healthy with Periodic Check-Ups” we raised the potentially problematic reality that your estate plan may only be truly up-to-date the day you sign your estate planning documents. We put estate plans in place to ensure that our wishes, intentions and goals
High net worth individuals have been criticized (especially during election years) for not paying their fair share of taxes. These individuals often take advantage of legitimate tax planning strategies to lower their taxes. A portion, though, utilize evasive strategies that rely on a general lack of tax transparency between countries
In my first year of law school–1978–Ontario introduced new legislation to allow a power of attorney to survive incapacity. It’s amazing to think that prior to 1978 only legal guardianships through the court process (then called “committeeships”) were available to allow a decision-maker to act on behalf of an incapable
In our August 18, 2015 post we raised the idea of regular check-ups for your estate plan in order to keep it current. Periodic reviews help to keep you refreshed about the details of your estate plan so that it can be maintained and changed when necessary–ensuring it will carry
Individuals in Ontario are free to pass their property on death as they wish, subject to certain legal limitations. This ability is often referred to as testamentary freedom and is a hallmark of English common law. Over the years, testamentary freedom has lost ground to other public policy objectives, such
Privacy and the protection of personal data are a major concern in modern society. Complicated privacy legislation exists in many jurisdictions with the objective of protecting personal information by imposing multiple safeguards, some of which can be frustrating to deal with. With the increasing stores of digital information, we also
With the arrival of fall, many readers may be preparing to escape the pending cold by travelling to warmer climates for extended stays. In our February 12, 2014 blog post we highlighted the potential concerns and practical issues if you become incapable of making either financial or personal care decisions (whether
The Ontario Family Law Act (FLA) determines the division of property between spouses on marriage breakdown. But what happens when a spouse is a beneficiary of a discretionary trust? By way of background, the FLA requires each spouse on marriage breakdown to value his or her “net family property” (NFP).
When a client 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 country’s law should govern succession of the estate. As outlined in our earlier blog post of July 16, 2013, to
Your estate plan may only be truly up-to-date the day you sign your estate planning documents. This statement no doubt may dismay you and perhaps be unwelcome, in particular given the effort, time and expense that goes into preparing wills, trusts and powers of attorney. The reality is that our
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