Tamar Silverbrook

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Tamar Silverbrook is an associate in the Trusts, Wills, Estates and Charities group at Fasken. Tamar’s practice is focused on domestic and international trusts, as well as wills and estate planning. Tamar works closely with clients and/or clients’ advisors to draft the appropriate documents to facilitate estate and business succession plans that fulfill clients’ unique objectives. This includes providing advice on probate planning, disability planning, charitable gifting, asset protection strategies, cross-border estates and tax issues, personal privacy, family law matters and the interpretation of trusts’ provisions and the corresponding scope of authority provided to trustees. Tamar also advises trustees in administrating a range of complex trust matters.

Stripping Assets Out of Corporations; Will Drafting Considerations

Imagine you have an interest in a privately held corporation, which corporation’s underlying assets include a valuable art collection. Perhaps on your death you would like the art collection, or certain pieces, to be given to your closest friend, with the remaining assets (represented by the shares in the corporation) being given to your family. From an estate planning perspective, you have to consider whether the art collection can be….

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Estate Planning, Wills

Powers of Attorney for Property: Implications of Obtaining a Formal Capacity Assessment

Have you ever had this train of thought: ‘what happens now that X is losing capacity? Do I, as the appointed attorney for property, start acting gradually, as needed, or do I obtain a capacity assessment? What are the implications of obtaining versus not obtaining a capacity assessment, particularly when it comes to managing corporate assets?’ This blog discusses considerations that may be helpful in working your way through this….

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Power of Attorney

Channelling Your Inner J.K. Rowling in Drafting Trustee Resolutions

Today’s blog has been collaboratively written by Corina Weigl and Tamar Silverbrook. The fast paced, (often) time sensitive and adrenaline rushing nature of ‘estate freezes’[1] helps captivate us in the world of trust work.  What is, however, particularly appealing is the ability to be creative. The trust and estate documents involved in estate freezes, such as trust deeds, trustee resolutions and, if relevant, letters of wishes, allow the drafter to….

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A review of the use of a Principal Residence Exemption by a Trust

With Toronto’s real estate market being too hot to handle, clients more frequently are calling to review their estate plans in relation to their real estate holdings. Inevitably, such discussion occurs within the context of their overall planning, which may include the use of family trusts (i.e. inter vivos trusts for the benefit of family members). Nominee planning and other strategies and issues aside, a topic raised when considering the….

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Medical Assistance in Dying (MAiD) – An Update

Today marks a court-imposed deadline regarding legislative amendments to our laws on medical assistance in dying (“MAiD”). This topic, although heavy, has been important to me, particularly over the past year. As recently as the US election, someone close to me was scheduled for MAiD. As her date was approaching, the election results had not yet been determined. Everyone thought she was joking about cancelling or postponing her date to….

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Medical Assistance in Dying

Marriage Contracts; The Importance Of Their Review In Estate Planning And “Consenting” Out Of Living Separate And Apart

In the context of estate planning, I constantly am reminded of the need for a proficiency in family law.  Here’s one reason why. One of the key questions we ask clients is, “Do you have a marriage contract?” The role of a drafting lawyer isn’t, in my view, to simply draft documents.  Rather, it’s to anticipate where issues may arise and ensure those issues are considered as part of the….

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