Toronto Ontario Estate Law Blog

Trusts, and discretionary trusts in particular, are a staple of estate planning for their flexibility and adaptability. They can address a multitude of situations such as: managing assets for spouses, minors, persons with disabilities or vulnerabilities; asset protection and preservation; business wealth and succession; and incentivizing activities such as education.

The welcoming of a new child into the family is a great time for parents to update their estate plan to include their bundle of joy. But what about a new grandparent? The question always arises: should I leave anything for my grandchildren? The short answer is that you don’t

Effective January 1, 2022, the Succession Law Reform Act (SLRA) was amended to include section 21.1, permitting Court-ordered validity of an otherwise deficient Will. The language of subsection 21.1(1) reads as follows: “If the Superior Court of Justice is satisfied that a document or writing that was not properly executed

Most of us have heard of the “KISS” principle, which stands for “keep it simple, stupid.” The natural assumption is that simple equals short and sometimes this is true, but not always. When it comes to legal documents such as Wills and trusts, the devil is in the details, and

It’s important to understand who is a child and who is “issue” when these class terms are used in a will or trust agreement given changing legislation in many jurisdictions, including in Ontario, which redefines who is a parent and who is a child or issue. The All Families Are

When your child marries, you hopefully are not losing your child, but instead gaining a new son or daughter. Does this mean your new son or daughter should be treated like your child when it comes to your estate plan? Although there is no legal obligation to gift anything to

The ability of a person to appoint a substitute decision-maker, known as an attorney, is a longstanding right of those in Ontario with the requisite capacity and is governed by various provincial legislation and case law. This right is much the same in many other common law jurisdictions, but terminology

Canada’s underused housing tax (UHT), which took effect on January 1, 2022, had its first filing deadline on April 30, 2023. However, the Canada Revenue Agency (CRA) provided transitional relief so that no penalties or interest will be applied for returns and payments received before November 1, 2023. In a

Notwithstanding that it is a European Union regulation, the European Succession Regulation can be of great assistance to Canadian citizens who have EU connections in their estate planning. In brief, the Regulation applies to all European Union member states, with the exception of Ireland and Denmark, both of which opted

Your Will is an expression of your last wishes and sometimes, as circumstances and family dynamics change, you will need to update your Will to reflect these changes. But these updates should not be taken lightly and, if not done properly, can put your entire estate plan in jeopardy. This