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Wills, Trusts & Estates

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Wednesday, June 13, 2018 @ 8:46 AM

Planning for succession of a cottage or vacation home: Matrimonial issues cottage_gift_sm

Owners of cottages or vacation homes often have concerns and worries when it comes to succession issues. Alleviating or minimizing these concerns requires a review of three main types of considerations: personal and emotional, tax and matrimonial issues. ... [read more]

Wednesday, June 06, 2018 @ 9:00 AM

Fraud, fiction and the Land Titles Act false_identiry_sm

When it comes to title and identity fraud and real property, the issue typically involves the conflict between the entitlement of a person to rely on the parcel register and a perhaps equally innocent person whose property rights have been compromised due to a fraud. ... [read more]

Monday, June 04, 2018 @ 8:39 AM

Planning for succession of a cottage or vacation home: Consider the taxes cottage_tax_sm

Concerns about inheritance of the cottage or vacation property, including who, how and when are often worrisome for owners. In our last article, we discussed personal and emotional considerations in planning for the succession of a cottage (or other vacation home). This article will focus on the tax issues to be reviewed when planning for a cottage or vacation home. ... [read more]

Thursday, May 31, 2018 @ 11:46 AM

Do the math on lifetime gifts to make parents’ will fair equal_shares_sm

A common wish of parents is to treat all of their children “equally”. While that may be easy to satisfy from death forward by way of an equal distribution in a Will, taking account of lifetime benefits can be problematic ... [read more]

Wednesday, May 30, 2018 @ 1:01 PM

Three appointments for Ontario Superior Court of Justice

The Superior Court of Justice for Ontario has three new judges sitting on its benches. ... [read more]

Monday, May 28, 2018 @ 9:30 AM

Planning for succession of a cottage or vacation home: Getting personal watermelon_cottage_sm

For those who own a cottage or vacation home, who will inherit the property and how and when it will be inherited become serious concerns and are often worrisome. When planning for the succession of a cottage (or other vacation home), there are three main types of considerations to be reviewed: personal, tax and matrimonial issues. In this series of articles, we will summarize each of these considerations. ... [read more]

Wednesday, May 23, 2018 @ 9:22 AM

When it comes to blended families, a detailed will is crucial blended_family_sm

Lawyers often get criticized for nagging clients (and potential clients, and family members, and friends) about the importance of making a will, but it’s really just that we know, better than most, the unfortunate consequences of dying intestate. And when you’re working with blended families, it can get even more difficult. ... [read more]

Tuesday, May 22, 2018 @ 10:53 AM

N.S. lawyers to get session on complex new capacity rules Michelle_Morgan_Coole_sm

Nova Scotia is holding an information session for lawyers wanting a “high level overview” of the province’s new capacity legislation for intellectually disabled adults — a complex set of regulations experts say will be a steep learning curve for the legal profession. ... [read more]

Friday, May 18, 2018 @ 9:00 AM

Using the mediation solution to avoid the perils of litigation sibling_mediation_sm

A civil lawsuit involving families is sad and damaging, and can quickly degenerate into a pathological experience. Unfortunately, inter-familial disputes are becoming more common with aging baby boomers in the process of passing a huge amount of wealth – $750 billion – to the next generation over the next ten years. ... [read more]

Wednesday, May 16, 2018 @ 8:48 AM

Preventing POA misuse: The importance of law reform in Ontario elder_lawyer_sm

In recent years, the importance of having a power of attorney for property in place for estate planning purposes has been emphasized given our aging population, and there has been corresponding growing litigation in the area. Serious concerns have been raised on the accountability of an appointed attorney and the lack of education provided to an attorney before stepping into such role. ... [read more]