Emerging guidance on substantial compliance Wills in 2023
Until recently, a Will in Ontario had to meet the strict formal validity requirements set forth in the Succession Law Reform Act1 (the “Act”) in order to be valid. This meant that a Will had to be in writing and signed by the testator in the presence of two witnesses who also signed the document....
View the post titled Emerging guidance on substantial compliance Wills in 2023Receiving an inheritance while on the Ontario Disability Support Program
Receiving an inheritance, either as a beneficiary under a Will or through the proceeds of life insurance, while on Ontario Disability Support (“ODSP”) can require some additional steps and planning to avoid a loss of benefits. Since ongoing qualification for ODSP benefits is based on a finan…
View the post titled Receiving an inheritance while on the Ontario Disability Support ProgramThe impact of marriage and separation on an existing Will: recent changes to the Succession Law Reform Act
Recent amendments to the Succession Law Reform Act have changed the impact of marriage and separation on an existing Will. Prior to January 1, 2022, marrying after the date a Will was signed caused that Will to be automatically revoked. To avoid revocation, the Will had to provide that it w…
View the post titled The impact of marriage and separation on an existing Will: recent changes to the Succession Law Reform Act“Probate” in Ontario: common questions and concerns
What is Probate? In all estates, the estate trustee will need to consider whether they must “probate” the estate. The probate process is conducted by the proposed estate trustee submitting a court application to obtain a Certificate of Appointment of Estate Trustee. This Certificate confirms…
View the post titled “Probate” in Ontario: common questions and concernsUpdates to medical assistance in dying
On March 17, 2021, the federal government brought into force changes to the law regarding medical assistance in dying. These changes are effective immediately. The major change is the removal of the requirement that a person’s natural death be reasonably foreseeable in order to be eligible. …
View the post titled Updates to medical assistance in dyingNew trust reporting rules in effect in 2021
New reporting and disclosure rules will come into effect in 2021 for certain trusts. For trusts in existence as of January 1st 2021, trustees must report specific information including names, addresses, birthdates and tax identification numbers for the creator of the trust (settlor), all tru…
View the post titled New trust reporting rules in effect in 2021Estate planning for professionals
As professionals progress in their careers, the estate planning process may become quite complex. The development of a clear estate plan is critical to ensure that the intentions of the testator are honoured, while dealing with the estate in the most tax efficient manner. Many business owner…
View the post titled Estate planning for professionalsVirtual witnessing of Wills and POAs during the COVID-19 emergency: considerations for estate planning lawyers
Note: This blog post has been updated to reflect the amended Order by the Lieutenant Governor in Council on April 22, 2020. On April 7, 2020, the Lieutenant Governor in Council made an Order under the Emergency Management and Civil Protection Act varying the current statutory requirements fo…
View the post titled Virtual witnessing of Wills and POAs during the COVID-19 emergency: considerations for estate planning lawyersLifetime Benefit Trusts
On death, RRSPs and RRIFs belonging to the deceased are deemed to have been included in the deceased income immediately before death and are taxed on their full market value as of the date of death. Created by s. 60.011 of the Income Tax Act, a Lifetime Benefit Trust (“LBT”) allows the rollo…
View the post titled Lifetime Benefit TrustsBuyer Beware: What happens to your real estate deposit when conditions aren’t fulfilled
In most circumstances, a buyer will submit a deposit on acceptance of their offer to purchase residential property. These deposits are typically held in trust by the seller’s brokerage and can range anywhere from $100 to $50,000 or more depending on the location and nature of the property. F…
View the post titled Buyer Beware: What happens to your real estate deposit when conditions aren’t fulfilledReceive Blog Posts
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