Estate Planning

Total 1065 Posts

Valuation of Interests in Discretionary trusts and Family Law

These days, it is quite common to find intergenerational wealth transfer to consist of property held in a discretionary family trust whose beneficiaries may or may not have been in marital relationships at the time of the time the trusts were created. A siginifcant number of legal and financials issues related to these trusts in family law, including the determination of what is considered “included” and “excluded” family property before….

Valuation of Interests in Discretionary trusts and Family Law Continue Reading »

Business Succession Planning, Contracts, Courts, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Family Conflict, Investments, Property, Real Estate, Resulting Trust, Separation, Small Business, Spouse, Trusts, valuation

As You’re ‘Checking Your List’, Don’t Forget Your Year End Tax Planning

As the holidays approach, so too does December 31st or the end of a calendar year.  This date can mean different things to different people.  For those in the business of estate and tax planning, the spectre of December 31st often leads to calls from clients who are looking to: complete a project they had on their “to do” list for the calendar year, start a project but have it….

As You’re ‘Checking Your List’, Don’t Forget Your Year End Tax Planning Continue Reading »

Estate Planning, Tax Issues, Trusts

Suspicious Circumstances – For Wills Only

Because the doctrine of suspicious circumstances was developed in respect of probate and wills, it cannot easily be exported into other areas of law, including contract law…..

Suspicious Circumstances – For Wills Only Continue Reading »

Capacity Law, Contested wills, Contracts, Estate Litigation, Estate Planning, Executors, Geriatric Care Management, Property, Real Estate, Testamentary Capacity, Trustee, Undue influence, Wills

Digital Assets: How Advisors are Changing the World

While I enjoy writing about the legal aspects of digital assets in estate planning and administration, I don’t think that I have spent enough time focusing on the work of the wonderful advisors in this space: technology consultants, lawyers and policy analysts among them. The efforts of these advisors have helped shape the law, internationally, in an area where legal guidance has desperately been needed. As time goes on, I….

Digital Assets: How Advisors are Changing the World Continue Reading »

Estate Administration, Estate Planning, International

The Secret Language of Estates, and Inflation

Estates clerks and lawyers “speak” their own language.  We use acronyms or initialisms[1] such as CAET, EIR, RCP, ARI, AET, GRE, POA and COLA.  We use abbreviations like Benys and T’ees, and we draw triangles.  The idea for this blog was born when reflecting on having to interpret a lawyer’s handwritten notes for an assistant last week and on answering a “silly” question for a corporate colleague earlier this week. ….

The Secret Language of Estates, and Inflation Continue Reading »

Estate Administration, Estate Planning, Uncategorized

Considerations When Trustees are Involved in Transactions

Approaching year end, you increasingly may be fielding calls from corporate lawyer peers who are closing transactions in which trusts are involved. For example, trusts may be direct vendors or sellers, or, perhaps HoldCos are the sellers, but one or more trusts own the shares of the HoldCos.  This blog will explore some (but not all) considerations that are relevant when trusts are involved in a transaction. High Level Considerations….

Considerations When Trustees are Involved in Transactions Continue Reading »

Estate Planning, Trustee, Trusts
Scroll to Top