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The Procrastinating Client and the Impact on Estates

Procrastinator – a person who habitually puts off doing things.  Intestate – dying before making a will. These two words in an estate context can make the administration of an estate a nightmare. No one likes to think about death and planning for their death.  However, death is inevitable and, despite incredible advances in science, no one has a crystal ball that tells them when it’s their time.  For a….

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Estates, Mutual Funds Dealers and Conflicts of Interest

The recent decision of Marrone (Re) by the Capital Markets Tribunal (“CMT”), an independent division of the Ontario Securities Commission, provides an interesting example of the intersection between the professional conduct rules governing mutual fund dealers and estates law as it relates to conflicts of interest. The facts in Marrone (Re) involved a financial advisor at IPC Investment Corporation (“IPC”) who was responsible for managing around $6 million in mutual….

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Farewell Your Majesty

Whether you are a Royal watcher or not, today we are in mourning.  Today, with the rest of Canada, the United Kingdom and the world, we mourn the loss of the longest-reigning British Monarch, Queen Elizabeth II. On Thursday September 8, 2022, the Queen passed away at the age of 96 at Balmoral Castle with her family by her side. Born April 21, 1926, Elizabeth Alexandra Mary, became the Queen….

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RESPs, Trusts, and You

A Registered Education Savings Plan (“RESP”) is a cost-effective way of saving money for a child’s future post-secondary education. The concept of the RESP raises the question of who actually owns the funds therein. Is it the parent who contributes to the RESP (the “subscriber”) or the child for whom the RESP was created in the first place (the “beneficiary”)? According to Justice Faieta in Labatte v Labatte (“Labatte”), the….

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Multigenerational Succession Planning; The Hilton Family As An Example

Overview We frequently hear the notion that the largest wealth transfer in modern history is commencing.  With that, clients increasingly share their objective of multi-generational, or dynastic, planning.  For me, as an estate planner, an immediate question arises, namely “How can we assist in accomplishing this objective?  Evidently, a goal is their family’s success for years to come; how can we structure their estate plan to promote the financial protection,….

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NEWMAN’S OWN FOUNDATION – NOT NEWMAN’S OWN INTENTIONS?

This blog was written by Danna Fichtenbaum Headlines were abuzz last week detailing claims issued in Connecticut state court by two of the daughters (the “Daughters”) of Paul Newman – actor and creator of the Newman’s Own food brand – that Newman’s philanthropic endeavour, Newman’s Own Foundation (the “Foundation”), is failing to fulfil the now-deceased Newman’s charitable intentions. The Foundation benefits from the sale of products under Newman’s brand, Newman’s….

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