Estate Planning

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Cross-Border Insurance Planning – Some Basics

Cross-border insurance planning is tricky but understanding the basics can go a long way in assisting clients. This short article will review some of the key questions to consider in order to avoid potential pitfalls in life insurance planning. Who is the Owner, the Insured and the Beneficiary In the context of personal insurance planning, it is important to appreciate that there are always three (3) parties involved; the owner,….

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Estate Planning, Insurance, International, IRS, Succession Planning, Tax Issues, U.S. Citizen, US Taxes

Arthritis Awareness and Planning Considerations

Arthritis is not part of the normal ageing process and can steal one’s mobility, independence, and freedom to enjoy life without chronic pain. It is also Canada’s leading cause of disability and workplace limitations. Since September is Arthritis Awareness Month in Canada, I thought readers would be interested in learning the facts about arthritis in our country and what estate planners need to consider. Estate Planners Need to Look Beyond….

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Elder Management, Estate Planning, Smart Ageing

Fall back, Plan forward

September is an important planning month for many people. There are those planning for their kids to go back to school, some planning to preserve their fruits and vegetables for the colder months ahead while other holiday enthusiasts are planning to decorate for Halloween (too soon…sorry). While planning is at the top of mind, consider Estate Planning. Many changes have occurred in recent months, such as change in capital gains….

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Estate Planning

Waters v Henry: Respecting a Testator’s Free Will to Make “Bad” Decisions

Irina Samborski, associate and Caroline Mercer, articling student, Gowling WLG (Canada) LLP When an estate is litigated, a deceased person’s decision-making is forced into the public record. Sometimes, the court is asked to pass judgement and correct decisions that may seem unreasonable or unfair. However, some courts prefer to uphold the deceased’s freedom to decide—no matter what the living may think. This was the case in The Estate of William….

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Contested wills, Courts, Estate Litigation, Estate Planning

Equalizing an Estate Where One of More Children are U.S. Persons and Planning Strategies Where There Are U.S. Beneficiaries; Part III

This is Part III of a three-part blog series. Parts I & II can be found at the following respective links: https://allaboutestates.ca/equalizing-an-estate-where-one-of-more-children-are-u-s-persons-and-planning-strategies-where-there-are-u-s-beneficiaries-part-i/ and https://allaboutestates.ca/equalizing-an-estate-where-one-of-more-children-are-u-s-persons-and-planning-strategies-where-there-are-u-s-beneficiaries-part-ii/. Parts I & II discussed a few issues to consider if a client’s intention is to equalize their estate amongst their children where one or more children are U.S. Persons (such U.S. children, a “U.S. Child”). This Part III builds on Parts I & II and….

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Estate Planning, Executors, Tax Issues, Trusts, United States, US Taxes, Wills

Charities have Fiduciary Duties as Estate Beneficiaries

I recently spoke to an estate lawyer who told me she would never recommend certain charities to clients. Why?  Because of the way these charities treated estate trustees. Some charities are unduly litigious, grind on fees, and are obstreperous about releases. It’s not the first time I’ve heard this comment from estate professionals – and some traumatized lay executors and family members. Sympathy for Charities It’s hard to evaluate the….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Uncategorized
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