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Toronto Ontario Estate Law Blog
Real Estate and Probate Planning: More Issues to Consider
Oh, did you think we were done with real estate and taxes for a while? Sorry to disappoint. Our last blog, “Selling Sunset: Real Estate Taxes Property Owners in Canada Must Know About,” discussed some new taxes and tax filings involving real estate in Ontario. Today we’d like to remind
Selling Sunset: Real Estate Taxes Property Owners in Canada Must Know About
Underused Housing Tax The federal Underused Housing Tax Act became effective January 1, 2022, and the first tax returns for those who need to file are due in 2023. It imposes a 1% annual tax on the value of residential real estate in Canada owned by any non-resident, non-Canadian that
U.S. Estate Tax: The Lull Before the Storm? An Update and Refresher
What is the current state of play when it comes to U.S. estate tax, including its impact on many Canadian tax residents and others with U.S. connections? First, an update on some key tax rates and concepts for 2023. The lifetime exclusion amount has increased substantially due to the rise
What Happens When You Don’t Have a Power of Attorney
A Continuing Power of Attorney for Property and a Power of Attorney for Personal Care are simple but powerful documents. In short, a Power of Attorney is a document in which the grantor appoints another person – the attorney – the power to act on the grantor’s behalf including in
Keeping Track of Your Digital Assets—James Bond Style
Digital assets, simply put, are anything stored digitally which has value, either financial, sentimental or otherwise, as further described below. These days, keeping track of your digital assets (login emails and passwords) is an important part of estate planning. Keeping accurate records of your digital assets makes your estate and
Can You Disinherit Your Child? A Survey of Testamentary Freedom Across Canada
Testamentary freedom – the freedom to dispose of your estate as you wish – is a longstanding principle in Canada and other common law jurisdictions, although each province and territory in Canada has its own governing legislation as well as its own developing caselaw. In contrast, forced heirship is the
The Trust and Estate World Post-Pandemic: The Way Ahead
It is the beginning of a new year and time to reflect on the last three years or so, what impact the pandemic has had on the trust and estate world, and what the way forward will be. So much has changed in so short a period in how professional
When a Parent Doesn’t Know Best: Making Sure Your Parents Have a Good Estate Plan
Heading into a new year is always a great time to think about what you need to accomplish over the next 12 months. Preparing or updating your estate plan is usually high on that list. But in some cases, you may not be as concerned with your estate plan as
But Wait, There’s More: Canadian and Ontario Laws That Can Impact Estates and Trusts
In January of this year, my blog “New Year, New Estate Laws Are Here,” summarized the substantive changes to Ontario estate and trust law which came into effect on January 1, 2022. These changes were significant, and we expected significant litigation to go along with them. So far, this abundance
“Effective Immediately” versus “Springing” Continuing Powers of Attorney for Property
Under a continuing power of attorney for property (for ease of reference, referred to throughout this blog as a power of attorney), a grantor can give the authority to one or more people to manage their money and property on their behalf. In Ontario, the person appointed in this role
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