Estate Freezes and Calculation of Net Family Property: Lang-Newlands v. Newlands

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Last week the Ontario Court of Appeal released its decision in Lang-Newlands v. Newlands, 2026 ONCA 530 (“Newlands”). (Previously, Darren Lund blogged twice for All About Estates on the lower court decision and its potential impact on estate freezes. See here for Darren Lund’s blog posted on July 4, 2025). The decisions of the ONCA in Newlands and of the lower court are important for estate and tax planning, family….

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Family Conflict, Separation, Spouse

U.S. Estate Planning & Step-Up in Basis: A Key Rule for Inherited Assets

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When advising Canadian clients with cross-border estate planning considerations involving U.S. beneficiaries, the step-up in basis is an important tax concept that can materially affect the beneficiary’s after-tax outcome. A step-up in basis is a significant U.S. tax rule that may affect the capital gains tax payable when inherited assets are later sold. In general, an asset’s tax basis begins with its original purchase price and may be adjusted for….

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Estate Planning, IRS, Succession Planning, Tax Issues, U.S. Citizen, US Taxes

All About Estates & de VRIES LITIGATION LLP: Sharing More Insights in More Places

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The All About Estates blog now has a home on LinkedIn. Our collaborative blog, All About Estates, is now over 15 years old. Around 3,500 people subscribe to the daily emails; the website receives 5,000 visits a month, with 11,000 page views. Since 2010, more than 50 contributors have published over 2,700 posts. There are currently 20+ regular contributors to the blog, including lawyers, physicians, wealth managers, trust companies, and….

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Estate Administration, Estate Litigation, Estate Planning

Wills Only in Electronic Form: s. 21.1 of the SLRA Does Not Apply

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The decision in Samide v. Taylor, 2026 ONSC 3589 provides clarity on the interplay of the Succession Law Reform Act (“SLRA”) and the Electronic Commerce Act (“ECA”), specifically the applicability of these statutes on wills that only exist electronically. Robert Samide (“Robert”) died unexpectedly in July 2024. He was survived by his children: Jessica, Nicole and Christopher, as well as his domestic partner, Shantel Taylor (“Shantel”) and her three sons…..

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That Foreign Property Question

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Today’s Blog was written by Rahul Sharma, Partner, Fasken LLP, Toronto Many Canadians today have or are thinking of acquiring some form of foreign real estate.  For some, the property was inherited from parents or left behind in the “old country” following a relocation to Canada.  For others, the property is a vacation home or pied-à-terre in another place. A villa in France or a place on the beach in the….

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Estate Planning, Property, Real Estate, Tax Issues, Wills

When is a Family Trust a Family Asset in a Divorce in Ontario?

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Scotiatrust

This blog post was written by: Holly LeValliant, Estate and Trust Consultant, Scotiatrust Toronto   Family Trusts and the Family Law Act Family trusts are popular tools for estate planning, asset protection, and intergenerational wealth transfer in Ontario.  However, during a divorce, they can become contentious:  is the trust an asset that is subject to an equalization between the spouses?  Can the assets in the trust be used to determine….

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Courts, Family Conflict, Trusts
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