Property

Total 148 Posts

Key Considerations When Drafting a Will with International Assets

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If you have clients with assets outside Canada, they likely look to you for guidance to support drafting of testamentary documents. In a previous article we explored the considerations that should be kept in mind when assets are owned outside of Quebec, within Canada – given the civil law and common law differences. However, even if the testator has assets in multiple common law or civil law jurisdictions, estate and….

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Estate Planning, Executors, International, Property, Real Estate

Simplifying Estate Vehicle Transfers in Ontario: What You Need to Know

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Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. When administering an estate, certain assets frequently come into play: bank accounts, a home, and often, at least one personal vehicle. While a Will typically outlines the transfer of a vehicle to a specific beneficiary, there are instances where the vehicle becomes part of the estate’s residue. There is a wealth of information available online about this topic,….

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Costs, Estate Administration, Executors, Property

Real Property 101 for Estate Planning: Parcel Merger

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  Today’s blog post has been written by Karen La Caprara, Counsel, at Fasken LLP. When two abutting parcels of land or properties are owned by the same owner or owners, title to the properties automatically merges, unless an exception to this general principle applies.[i] Once title to the abutting properties has merged the parcels cannot be dealt with independently (i.e. sold or gifted to different people), without applying to….

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Estate Planning, Property, Real Estate, Wills

Marriage Contracts Are Cross-Border Issues Too!

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This blog has been written by Darren Lund, partner at Fasken LLP Cross-border estate planning is undoubtedly a complex affair. When clients have assets in a foreign jurisdiction[1], are resident or have citizenship in a foreign jurisdiction, or wish to benefit individuals who are resident in a foreign jurisdiction, planners must navigate a myriad of tax, succession, and estate administration rules, among others, in multiple jurisdictions – rules that often….

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Contracts, Property, Separation

I am Ready and Willing – When do I Start? Activating a Power of Attorney for Property

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This article is written by Alicia Mossington, Estate and Trust Consultant with Scotiatrust.   A Power of Attorney for Property is a document which allows an individual (grantor) to appoint and authorize a substitute decision maker. In Ontario, the substitute decision maker is referred to as an “attorney.” The named attorney or attorneys typically have a broad scope of power and under section 7(2) of the Substitute Decisions Act (the….

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Estate Planning, Power of Attorney, Property, Uncategorized

Real Estate in Estate Planning: Tax Consequences

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Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Many Canadians hold a large share of their wealth in personally-owned real estate and consider it to be a critical part of their wealth-building strategy. Donald Sutherland, the well known Canadian actor who passed away in June of this year, is purported to have had a multimillion dollar real estate portfolio at the time of his death. For….

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Estate Planning, Probate Tax, Property, Real Estate, Tax Issues, Uncategorized
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