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Category: Estate Planning

A Letter of Wishes: When Your Trustee Is Also a Genie

In the world of estate planning, a genie is not the only one who could potentially grant you a wish: your trustee may also be able to do this with the help of a letter of wishes. A letter of wishes is a non-binding document that sets out suggestions to

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Solving the Multijurisdictional Jigsaw Puzzle: Which Law Applies?

Increasingly, people and their assets have connections to several jurisdictions, rather than just one as in times past. Over the course of a lifetime, many of us will leave a trail behind us of real estate, bank accounts, investment accounts, retirement savings plans and pensions, as well as beneficiaries and

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Think of Your Executor when Planning with Joint Assets

Jointly held assets are a popular estate planning tool because of how simple they appear. Adding a child on title to the house seems like a quick way to avoid paying probate taxes, or adding them as a joint owner on a bank account could be a convenient way to

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Beneficiary Designations Uncertainty: Where Are We Now?

It is a well-established principle from the Supreme Court of Canada’s 2007 decision, Pecore v Pecore, that there is a presumption of a resulting trust where a gratuitous transfer of property is found. The primary example is when an asset is put into joint names by a parent with an

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You Cannot Give What You Don’t Have

Your will can sometimes be seen as your final words to your loved ones. You may want to set out specific gifts to the people who you cherish most or who have helped you out during your lifetime. But as in life, you need to make sure you can actually

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Cross-Border Giving Considerations

There are a variety of non-tax and tax reasons to support charities. When deciding which charities to benefit, many Canadians have philanthropic objectives that extend beyond the border. First, it’s important to understand the Canadian tax benefits of charitable giving. Under Canadian tax rules, a donor may claim tax credits

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