All About Estates

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Total 133 Posts

Inheritances and Taxes – Be Careful Where you Step?

Frequently, I am reminded how careful one has to be with making sure that tax-free inheritances generally maintain their status throughout all steps to liquidate and realize the proceeds. Here is a case in point. In Owen v The Queen (2018 TCC 90), the taxpayer’s father resided in the United…

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Politicians and executors: two sides of the same coin

This Blog was written by Liz Bozek, The recent claim filed by Renata Ford challenging the executors of the estate of her late husband, Rob Ford, and the subsequent election of her former brother-in-law (and the subject of that claim), Doug Ford, got me thinking about some of the similarities…

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And the Estate Goes to…

It is imperative to make a will.  Too often lawyers come across files where an individual dies without a will (i.e. “intestate”), leaving behind a messy estate to be wrapped up and distributed.   People often wonder who inherits an intestate person’s estate. When a person dies intestate in Ontario, the…

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Income Splitting Loans: What’s the Use?

We have blogged about income splitting arrangements available to individuals who wish to loan funds to his/her lower income spouse or adult child, or in the case of minor children, a discretionary family trust. Such loans would be used to invest in income producing properties such marketable securities, mutual funds,…

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Estate Planning for Millennials

As a “millennial” (an imprecise demographic term which describes those born between 1980 and somewhere in the late 1990s), I often hear about the ways in which my generation is doing things differently (often worse) than those generations before us: we live on our smartphones[1], we can’t seem to get…

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The Cost of Winning, Sort of….

In my practice, I have been engaged on valuation matters which, on occasion despite the efforts of all those involved, go to trial to have a trial judge settle for the parties. Most trials are expensive and the actual outcome is not always certain, no matter how strong one side…

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M.R.R. v. J.M.: Judicial Consideration of Ontario’s New Parentage Rules

The new rules for determining parentage in Ontario, which were enacted by the All Families Are Equal Act (“AFAEA”), came into force on January 1, 2017. The new rules are set out in the new Part I of the Children’s Law Reform Act (“CLRA”), which replaced the former Parts I…

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Hey You Mother…..

A friend sent me this Mother’s Day greeting: “To the World You are a Mother. But to your Family You are the World!” I don’t know who wrote it, but I believe the sentiment. We all have had a mother and chances are this person shaped our lives more than…

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Real Property and Probate: Quick Tips and Traps

An estate planner’s clients typically express a desire to minimize taxes payable on death, including Estate Administration Tax (“probate fees”), which are payable on the value of the assets governed by a Will which is probated. For many clients, their home is their asset of most significant value. With the…

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A Gift is a Gift

We often write about the benefits (and some pitfalls) of gifting, before and after death. Personally, when I recommend gifting, I assume that unless there are specific outcomes required to realize on the gift, a gift is exactly that, a gift – something transferred voluntarily without expectation of getting it…

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