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Category: Wills and Separate Situs Wills

Dispute-Proofing Your Estate Plan

It’s common knowledge that we are at the leading edge of an avalanche of wealth transfer. Baby boomers in increasing numbers are heading into their retirement years and beyond. The succession of capital that will occur is unprecedented. In the recent past, we’ve also seen higher average annual divorce rates

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The Importance of Updating your Affairs on Separation and Divorce

Updating your estate plan on separation and divorce in a timely manner is critical in order to avoid unintended results, possible later disputes, and even litigation. The following highlights some of the most common concerns, as well as precautions to take. Wills Generally, in Ontario the Succession Law Reform Act

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Ethical Wills

You may or may not have heard of the term “ethical will”. An ethical will doesn’t deal with money or assets, but instead with values, beliefs, words of wisdom, inner thoughts, and family history and tradition. We predict it will become a more common part of the estate planning process

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Fiduciary Accounting – Slicing the Pie Without Causing Indigestion

Transparency has become a powerful discussion point in recent years. A lack of corporate financial transparency has arguably been the cause of many modern major financial crises and corporate bankruptcies. Whether you agree with this view or not, transparency is a hot-button issue, both socially and politically. Lack of transparency

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Letters of Wishes: Personal Care Matters

    Advance care planning is the process of planning for your future care. An important component is documenting your wishes with respect to personal care and discussing them with your attorney for personal care, your family, and your friends, as appropriate. Wishes can be expressed in your power of

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Tax, Tax and More Tax: Probate Fee Planning for Extra-Jurisdictional Assets

If you’ve been following the recent Federal Budget changes to testamentary trust taxation, the proposed (but now defeated) Ontario Budget with its increased taxes on higher-income earners, tobacco and airplane fuel, and the recent changes to the Ontario Estate Administration Tax Act (see my December, 2012 blog “The New Ontario

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Cross-Canada Checkup: Property Rights on Marriage Breakdown and Death

Canadians are increasingly mobile within Canada. Employees are transferred and move with their families to another province, couples decide to retire in a province with a more moderate climate, or seniors decide to move to be closer to their children and grandchildren. But in changing jobs, lifestyle and family connections,

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Planning for Your Digital Estate

An estimated 85% of North Americans use online financial tools such as financial accounts, bill payments and digital currency, according to a 2012 BMO Wealth Institute survey. In 2011, Canadians surveyed valued their digital assets including entertainment downloads, personal records and career information at approximately $47,000 each, as reported in

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Planning with Discretionary Trusts for the Matrimonial Home

A common consideration when completing or updating your estate planning is often how best to protect assets in the event of marital breakdown–whether your own marriage, including a second marriage, or an intended beneficiary’s (e.g., a child or grandchild). The need to protect certain assets may be even more pressing

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