Estate Planning

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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

Again and Again About the Capital Gain: Cottage Succession Planning Part 2

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Scotiatrust

This blog post was written by: Derek Hambly, Estate and Trust Consultant, Scotiatrust London In part one of this post, posted on June 5th we discussed that if your cottage is not also a qualified farm or fishing property, avoiding capital gains entirely can only really be done by declaring it as your principal residence. However, in the circumstance where the cottage is not the best option to declare as….

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Cottage, Estate Planning, Tax Issues

Avoiding an Accidental Intestacy: A Reminder for Drafting Lawyers

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I recently had the pleasure of leading a course for lawyers who want to learn how to draft Wills (or improve their existing skills). One of the topics that we discussed at some length was how best to draft a residue provision in a Will, where there are multiple residuary beneficiaries. I thought it may be helpful to summarize a key discussion point from our session here, as in my….

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Estate Administration, Estate Planning, Wills

Cottages, Cabins, and Capital Gains

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Scotiatrust

This blog post was written by: Derek Hambly, Estate and Trust Consultant, Scotiatrust London It is that time of year again when cottages, cabins and recreational properties are top of mind. Sitting in traffic getting out of town to get to the lake doesn’t seem so bad when your home-away-from-home is waiting for you…. unless of course you are worrying about the capital gain that has accrued on that property….

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Cottage, Estate Planning, Tax Issues
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