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Celebrating

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Toronto Ontario Estate Law Blog

Is Canada Second Best on ‘Best Interest Standard’?

One of the issues in wealth advising and planning is the regulation of those who provide financial product sales advice and financial planning services—often offered under the nomenclature of estate planning or retirement planning advice. A lot has happened recently in many jurisdictions, including Canada and the U.S., as regulators

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Medical Assistance in Dying (MAID): New Developments

It was heartbreaking to learn that Jean Truchon, who fought so valiantly to expand assisted-dying laws in Canada, felt forced to advance his medically assisted death procedure from June 2020 to early April. He chose to do so because of the COVID-19 pandemic and his inability to spend time with

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Alter Ego Trusts and Joint Partner Trusts: The Ideal Candidate

Alter Ego Trusts (“AETs”) and Joint Partner Trusts (“JPTs”) are effective tools to assist in probate and incapacity planning. AETs and JPTs are inter vivos trusts (meaning they are set up during a person’s lifetime), to which persons 65 years or older can transfer assets on a tax-deferred basis. An

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Death Taxes: Good or Bad and Why Do We Have Them?

In early February, I had the opportunity and pleasure of participating in a panel discussion of lawyers from several jurisdictions, including the U.S., Mexico, and Italy, at an international legal conference on the interesting topic “Inheritance Tax – Should More Countries Implement It?”. We discussed and compared how our different

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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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Heads Up On “Shacking” Up

Whether it’s a first relationship for a millennial or a second or subsequent relationship for others including baby boomers and seniors, these days more and more couples are choosing to live common law rather than marrying. According to a 2017 census, 21.3% of all couples in Canada were living common

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2020 Vision: Creating a Family Contingency Plan

With the start of a new year and a new decade, we tend to focus more than usual on important personal goals and objectives. One goal to consider is creating a family contingency plan. Your plan can be short and simple, or lengthy and detailed. In brief, it entails creating

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