O'Sullivan Estate Lawyers LLP
CLOSE
Blog
View Related Areas+
SERVICES

Estate Administration Archives

Multiple Taxation on Death: The Taxpayer's Nightmare

With increasing globalization of people and their assets, a growing and often hidden threat is multiple taxation on death. Different countries tax in different ways on death, and when those laws collide, the same assets can be exposed to double and even triple tax or more.

Fun in the Sun, Until the Probate Court Comes?

While this winter in Toronto has been blessedly mild, colder weather makes many of us wonder why we live in a cold climate, or at least envy those who have vacation homes in warmer climates. While a vacation home in Florida or Arizona or other southern destinations may be a wonderful thing, planning is usually necessary to prevent it from becoming a burden after death for your family and executors. As an example, directly owning a vacation home in Florida or Arizona may give rise to the onerous process to probate a will in those jurisdictions. This is in addition to any U.S. estate tax exposure your estate may face due to direct ownership of U.S. real estate.

Don't let cross-border properties turn into cross-border pains

Perhaps I should refrain from re-stating the obvious, but it bears repeating--we live in an increasingly global and mobile society, where people move from jurisdiction to jurisdiction with relative ease. And when we're not picking up and moving residences, we're travelling to foreign destinations and buying property, opening bank accounts or acquiring other assets there. Then there are inherited properties abroad, or property held before the move to Canada.

New Ontario Estate Administration Tax Act Regime Effective January 1, 2015

Organizing one's estate planning to minimize estate administration taxes or "probate fees" (the tax collected by the Ontario government on the date of death value of a deceased's estate when an estate representative applies to the court for a certificate of appointment) has been a popular goal for Ontarians given our relatively high rate of tax as compared to other provinces and territories.

Successfully Navigating an Estate with Foreign Assets

For many, borders between home and foreign jurisdictions increasingly matter less and are easily overlooked when acquiring new assets, like a second home in another country and bank accounts and other financial assets. Updating your estate planning to reflect the new status quo of foreign asset ownership, however, doesn't always keep pace and is often an afterthought. Multijurisdictional wills and separate situs wills--important yet underused planning tools for an effective and comprehensive estate plan--help streamline and add greater certainty to administering an estate with foreign assets.

SCROLL TO THE TOP