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Celebrating

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Category: Wills and Separate Situs Wills

Trustee Compensation: Silence is Not Golden

If not carefully planned for, the amount of compensation paid to the executor(s) for administering an estate or to the trustee(s) for administering any ongoing trusts (collectively referred to as the “trustees”) has the potential to become a contentious issue. In the scope of estate planning, compensation must be part

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An Update on Virtual Witnessing and Electronic Wills

One of the most common questions our clients ask is whether they can sign their Wills and Powers of Attorney with an electronic signature. Our lives are getting busier, our goal of reducing paper waste is more focused, and clients are understandably questioning the historically strict formalities of executing estate

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Unintended Consequences: Multiple Taxation on Death

Last November 2019, I had the opportunity to organize a session and speak at the STEP Spotlight Conference in London, U.K., along with colleagues from several countries, including Brazil, U.S., Belgium, France, and the U.K. We discussed how our different countries tax on death and how double or even triple

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A Happy Ending for Basket Clauses

Many people who live or have assets in Ontario are concerned about the amount of Estate Administration Tax (probate fees or “EAT”) that will be payable on their death given the high rate of approximately 1.5% of the value of estate assets. One common estate planning technique for minimizing EAT

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Safekeeping of Estate Planning Documents: Digitally Challenged?

As estate practitioners, we continually remind our clients to update their estate planning documents and ensure they reflect their current intentions. A further key consideration is how estate planning documents should be properly recorded, stored and safeguarded. In order to embrace the digital era, the legal community has made significant

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