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Author: Susannah Roth

Ontario Estate Law Gets an Overdue Update

Major legislative changes in estate law are rare. However, we appear to be on the cusp of just such a change in Ontario. On February 16th, the Ontario Government introduced the Accelerating Access to Justice Act, 2021. Bill 245 has passed first reading and been referred to the Standing Committee on

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The Mysteries of Probate, Revealed

Of all the questions I am asked about the administration of estates, the one that comes up the most frequently is “what is probate?” If the question is asked by an executor, the next most frequent question is “how do I know if I need probate?” Often clients in their

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Do You Know Who Your Spouse Is?

The definition of who is and who is not a spouse, both for legal and income tax purposes, has changed a lot in the last few decades. Some previously discriminatory laws have been abolished (for example, the bar to same-sex couples marrying) and some rules have been updated to reflect

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New Trust Reporting and Disclosure Rules – 2021 is Coming Up Soon

In our previous blog, “Getting Ready for the New Trust Reporting and Disclosure Rules”, we wrote about the new Canadian trust reporting and disclosure rules coming into effect in 2021. Whatever you may think of the new requirements, if you are a trustee of an existing “express” trust (i.e. a trust

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Estate Planning When A Child Moves to the U.S.

A Canadian estate with U.S. connections can face complications due to the presence of any one of a number of factors. Sometimes these issues are known, and sometimes events occur which were not anticipated. When a child moves to the U.S., parents should review their estate plan and consider what

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Powers of Attorney Disputes and Remedies: Something’s Got to Give

The unfortunate reality is that when it comes to incapable persons, and the Ontario processes to deal with disputes and rights enforcement for them, none of the available processes are without flaws. Even with good planning, substitute decision-makers can disagree with each other or medical professionals regarding the best treatment

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