Ontario Estate Information Return Essentials

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  The Institute of Law Clerks of Ontario recently hosted an education session on Ontario’s Estate Administration Tax (“EAT”) and the Estate Information Return (“EIR”), presented by a representative of the Ontario Ministry of Finance (“MOF”). I was particularly interested in this session as I wrote about the new online filing process for EIRs in my last blog post https://allaboutestates.ca/estate-information-return-the-new-online-process/. Today’s blog will share some of the key takeaways from….

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Estate Administration, Estate Administration and Probate Applications, Estate Planning, Probate Tax, Tax Issues, Wills

Articles and Personal Effects – Oversight for Wills

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Scotiatrust

This blog post was written by: Holly Van Schouwen, Estate and Trust Consultant, Scotiatrust Victoria It’s a sad time, A parent has passed on and the adult children are reviewing the Will.  One or more of the children are named to provide oversight in distribution of personal effects (articles).  This can become a contentious issue if there are strained relations within the family. Where there is no specific language around….

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Estate Administration, Estate Planning, Executors, Trustee Disputes, Wills

Plan for Diminishing Capacity: How to Approach

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This blog is the third blog in a series on this topic and is written specifically for family members. In our last blog, Plan for Diminishing Capacity: Pre-dementia Financial Warning Signs – All About Estates, we discussed unusual financial behaviours. If a loved one is missing bills, repeating transactions, or falling for scams, it may be more than forgetfulness. These early financial warning signs could indicate mild cognitive impairment, a….

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Elder Management, Smart Ageing

We Have a Joint Ownership Problem

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This blog has been written by Rahul Sharma, Partner, at Fasken Martineau DuMoulin LLP, Toronto Joint ownership of property with a right of survivorship is perhaps the most common or popular means by which a couple, for example, owns a home in Ontario.  Simply put, “joint with right of survivorship” means that when one of the two joint owners dies, the other becomes the owner of the property.  The succession….

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Estate Planning, Property, Spouse, Succession Planning, Tax Issues

Artist Foundations

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In the U.S. there is a generation of contemporary artists who have never been richer and they are endowing – with art and money – some significant foundations. Cy Twombly Foundation, for example, reportedly has assets of over $1.5 billion. There is even a support initiative called the Artist-Endowed Foundation Initiative, which seeks “to strengthen the charitable impact” of these entities. In Canada, the tradition of the artist foundation is….

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Estate Planning, Philanthropy/Charitable Giving, Uncategorized

Powers of Attorney for Property – Part III: Drafting Considerations for specific provisions

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This blog has been written by Pritika Deepak, Associate at Fasken LLP. The final part of this three-part blog series discussing Powers of Attorney for Property (“POAs”) in Ontario, will focus on specific provisions and some considerations to keep in mind when drafting these documents. Specifically, it will provide a high-level overview of the use of multiple POAs, considerations for appointments, and conflict of interest provisions in POAs. Multiple POAs….

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Estate Planning, Power of Attorney, Succession Planning, Uncategorized
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