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Author: Marly Peikes

Domestic Contracts Across Borders

There are many considerations that go into deciding to relocate to a new jurisdiction. What may not be so apparent, or unfortunately what may even be at the bottom of the to-do list, is ensuring any legal documentation is effective. It may come as a surprise to individuals moving to

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Battle of the Foundations

Charitable foundations are structures for long term, flexible and customized philanthropy. Both private and public foundations enable donors to make long term gifts and have various benefits, including, creating a lasting legacy, involving family members in the giving process, and charitable tax credits. These structures may be attractive for donors

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Are You or One of Your Beneficiaries Unknowingly American?

In doing your estate planning, it’s important to know if you or any of your intended beneficiaries are U.S. citizens. Citizenship is not always obvious to determine. It may sound farfetched, but a person can be a U.S. citizen without knowing it. It’s important to consider the tax implications that

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Trustee Compensation: Silence is Not Golden

If not carefully planned for, the amount of compensation paid to the executor(s) for administering an estate or to the trustee(s) for administering any ongoing trusts (collectively referred to as the “trustees”) has the potential to become a contentious issue. In the scope of estate planning, compensation must be part

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Three Ways to Keep Your Estate Plan Flexible

Starting a new year is always a good time to ensure that your personal affairs are in order, including your estate plan. Not only is it important to have an up-to-date will and powers of attorney, but it is important to have an estate plan which can, to the extent possible,

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5 Misconceptions About Appointing U.S. Persons as Executors

Many people think that they can’t appoint a family member (often their child residing in the U.S.) or friend who is a U.S. resident or citizen as the executor of their estate because it will cause too many complications, or perhaps they may have received advice from a source that

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Are Your U.S. Securities Giving You the Security You Thought?

Canadians who own U.S. securities may be surprised to find out that their investments may be exposing themselves to a tax as high as 40% on death. Without proper planning, an individual’s U.S. investments may be subject to U.S. estate tax, which will not provide the anticipated or desired result.

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The Preferential Share on an Intestacy: Time for an Update

On an intestacy (when a person dies without a will), each Canadian province and territory provides for a mandatory scheme to distribute the deceased’s property, which is typically between the testator’s surviving spouse and children, if any, and alternately to other relatives. Some provinces and territories provide a spouse with

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Considerations in Giving to Your Children

As people are living longer, often well into their nineties, the way wealth is transferred to the next generation is starting to shift. The paradigm of waiting to pass family wealth to children on the second parent’s death is being reconsidered because parents are living longer and children have a

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