When is “old enough”? Choosing an age for estate distributions

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I often meet with clients who wish to have Wills prepared which provide for trusts for their children. After explaining the nature of a testamentary trust to the clients, I typically recommend that they select a set age that the child is to receive the capital (or the remainder thereof) of his or her trust, with perhaps additional set ages for partial distributions.[1] In the vast majority of these meetings,….

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Trusts, Wills

You Better Think (Think)…About the Estate Planning Process

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This blog was written by Lara Besharat In August 2018, renowned singer Aretha Franklin died of pancreatic cancer in her home in Detroit, leaving behind an illustrious musical legacy, a strong history of civil rights activism, four children, and an estimated $80-million-dollar fortune. One thing she didn’t leave behind, however, was a will. Or so we thought. For months, it was believed that the Queen of Soul died intestate, going….

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Contested wills, Estate Administration, Estate Litigation, Family Conflict, In the News, Wills

Is a Sale for $1 the Same as a Gift?

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Most transactions between parties not at arm’s length with each other (often described as related parties, such as family members), the parties to the transaction are subject to a one-sided adjustment where the transaction proceeds does not equal fair market value (“FMV”). If the price exceeds FMV, then the cost to the purchaser is limited to the FMV while the vendor is taxed based on price. If FMV exceeds price,….

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Canada Revenue Agency, Charitable Giving, Costs, Estate Planning, Investments, Property, Tax Issues, Wills

Dementia Villages: A Unique Approach to Dementia Care

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Today’s blog was written by Krysten Zator, Summer Law Student According to the Alzheimer Society of Canada, 564,000 Canadians live with dementia, a number which is expected to rise to almost 1 million by the year 2031.[1] Globally, about 50 million individuals live with dementia, a number which is expected to triple by 2050.[2] There is no cure for the disease.[3] The World Health Organization (WHO) recently recognized dementia as….

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Elder Care

Canada’s Greatest Impact Donation

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The FitzGerald Building at the University of Toronto housed the School of Hygiene (Public Health). It was funded by The Rockefeller Foundation with a $650,000 grant in 1927. What’s the greatest impact donation in Canadian history? I’d argue it is a forgotten gift of $75,000 made by Colonel Albert E. Gooderham in 1915 to purchase and outfit a farm north of Toronto for the Connaught Laboratories to produce vaccines for….

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Estate Donations, Philanthropy/Charitable Giving, Uncategorized

Sealing One’s Fate: The Sherman Murders, Probate and Perseverance

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On June 18, 2018, Justice Dunphy made ex parte orders sealing the court files relating to the Sherman Estates. On catching wind of the sealing orders, the Toronto Star, and one of its reporters, Kevin Donovan, brought a motion to terminate the sealing orders. They succeeded on appeal…..

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, In the News, Wills
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