Estate Planning

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A Reminder of the Importance of a Cy-Près Clause

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As an estate planning professional, philanthropy is a great tool in your toolkit. However, if your client intends to incorporate philanthropy into their estate plan, the importance of including a cy‑près clause in their Will cannot be understated. If there is no cy‑près clause in the Will and the charity has ceased to exist, an application to the Court must be made for direction as to whether the gift has….

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Charitable Giving, Courts, Estate Administration, Estate Planning, Philanthropy/Charitable Giving

U.S. Filing Requirements for Canadian POAs, Joint Accounts, and Bare Trusts

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This article is written by Nicole Ewing, Director, Tax & Estate Planning, TD Wealth Whether it’s a Power of Attorney (POA) for Property document, a joint account, or a bare trust relationship, if a U.S. person’s involved, things can get complicated quickly. Canadians without U.S. ties can find themselves and their assets subject to the scrutiny of U.S. authorities simply by engaging in common estate planning activities. One such issue arises….

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Estate Planning, IRS, Power of Attorney, Tax Issues, United States, US Taxes

Why Snowbirds Need An International Lifestyle and Care Plan

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Bondi Beach

Earlier this month, one of my fellow bloggers, Derek Hambly from Scotiatrust, wrote about the necessity of an international estate plan and the strategy of using separate wills for property or assets in another country. As part of a holistic Estate Plan, if you spend considerable time outside Canada, it’s equally important to consider your lifestyle and care plans. From a smart ageing perspective, an Estate Plan is much more….

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Estate Planning, Smart Ageing

The Ultimate Paper Anniversary Gift: Why a Will Is an Act of Love

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Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. This past Tuesday, October 15th, marked a significant milestone for me an my husband – one whole year of marital bliss! With the traditional first-anniversary gift being paper, I found myself thinking about a particularly profound paper: a Will. It’s a testament to caring, a document that conveys love through its protective intent – the ultimate love letter,….

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Dependant Support, Estate Planning, Spouse, Succession Planning, Wills

Ghosts, Goblins and…Wills? It’s time for Spooky Season (aka Estate Planning Season)

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP. With the colder months approaching, it’s the time of year when people start considering (or re-considering) their estate plan. But when it comes time to sit down and make a Will, people can often become overwhelmed by the complexity of the process. A lot goes into an estate plan that the average person may not consider at the….

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Estate Planning, Trusts, Wills

The International Estate Plan

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A Will in every Port The laws of succession, probate, and property differ from country to country, state to state and jurisdiction to jurisdiction. As such, a prudent testator should consider having a Will in every jurisdiction where they own property. Certainly, there are methods by which a domestic Will can be used to handle foreign assets (or the other way around) through ancillary probate processes however, this can be….

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Estate Administration and Probate Applications, Estate Planning, Executors
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