The new parentage rules in the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016, S.O. 2016, c. 23 (“Act”), include rules for determining parentage where surrogacy is used. The surrogacy rules became effective on January 1, 2017 and are largely set out in sections 10…
Continuing my discussion of the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016, S.O. 2016, c. 23, in this blog I will look at the new rules for determining the relationship of parent and child in Part I of the Children’s Law Reform Act (“CLRA”),…
As I noted in my last blog, the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016, S.O. 2016, c. 23 (the “Act”), introduced new rules for determining parentage in Ontario, primarily through substantial amendments to the Children’s Law Reform Act (“CLRA”) and the Vital Statistics…
The All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016, S.O. 2016, c. 23 (the “Act”), received Royal Assent on December 5, 2016, and the provisions of the Act discussed in this blog came into force on January 1, 2017. The Act introduces a new regime…
I have previously blogged about the “qualified disability trust” or “QDT” that was introduced in 2016 as part of a package of reforms to the taxation of testamentary trusts. The QDT, along with the graduated rate estate, is one of two exceptions to the general rule that, as of January…
In my last blog on multiple wills for probate planning I began a discussion of some considerations when defining the classes of assets that fall into the “non-probate” will (which I refer to as the “Secondary Will”) and the “probate” will (which I refer to as the “Primary Will”). I…
In this installment of my blogs on multiple wills (for probate planning) I will focus on the important issue of defining the assets that will be governed by the Primary and Secondary Wills. As in my prior blogs, I will use the term “Primary Will” to refer to the will that is intended to be probated and “Secondary Will” to refer to the will that is not intended to be probated.
In my first blog on multiple wills, I briefly discussed the rationale for using multiple wills as a tool for managing estate administration tax and then turned to drafting considerations, specifically the introductory clause and the revocation clause. In this blog I will focus on provisions where there is potential for an unintended double payment.
In my last blog I began a discussion of multiple wills. I will continue that discussion in my next blog. For today’s blog, I will focus on two recently-announced tax measures that relate to planning for persons with disabilities. The measures were included in the legislative proposals relating to the Income Tax Act (“ITA”) released on September 16, 2016.
The use of multiple wills for probate planning purposes has been part of the estate planning toolbox in Ontario for many years. The basic concept is straightforward. A separate will is prepared that governs those assets of the deceased for which the executors should not, based on current law and…