Probate planning pitfalls: The risks that you need to consider before adding your child to the title of your home for estate planning purposes
When it comes to estate planning, people often become fixated on ensuring that their estate does not have to pay Estate Administration Tax (also known as “probate tax”1). This fixation is largely driven by the fact that if one’s estate is not subject to probate tax, there will be more money …
View the post titled Probate planning pitfalls: The risks that you need to consider before adding your child to the title of your home for estate planning purposesFiduciary accounting: Accounting and record-keeping requirements for attorneys and guardians for property
Court-appointed guardians of property and persons acting pursuant to a continuing power of attorney for property (commonly referred to as “attorneys for property”) share a common duty: they are tasked with managing money and/or property for the benefit of someone who is no longer capable of …
View the post titled Fiduciary accounting: Accounting and record-keeping requirements for attorneys and guardians for propertyEmerging 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 2023Guardianship: What is it, when is it required and other FAQs
Have you been told that you need to obtain “guardianship” to assist a loved one with their property and finances? Are you uncertain what guardianship is, what being a guardian entails, or how to go about obtaining guardianship? If you answered “yes” to any of these questions, this article is…
View the post titled Guardianship: What is it, when is it required and other FAQsPower of attorney issues: Compensation for powers of attorney for property
If you have been named as an attorney for property1 pursuant to a continuing power of attorney for property, you may be wondering whether or not you are entitled to receive compensation for acting in this capacity and, if so, how that compensation is calculated. This is a fair question to as…
View the post titled Power of attorney issues: Compensation for powers of attorney for propertyPower of attorney issues: compensation for powers of attorney for personal care
Providing care to an elderly or sick family member is a significant and often thankless undertaking. Quite often, it is the attorney for personal care who assumes the caregiving responsibilities. Attorneys for personal care often spend hours cleaning, cooking, and driving their loved ones to…
View the post titled Power of attorney issues: compensation for powers of attorney for personal careReceiving 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 concernsWhat if Britney Spears lived in Ontario? Examining agency and guardianships in Ontario
Britney Spears’ conservatorship, and the resulting “Free Britney” movement, has been a topic of much discussion in the news. Plenty of attention, and rightfully so, has been focused on what Britney’s wishes are with respect to the conservatorship. Recently, Britney made a powerful statement …
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