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M.R.R. v. J.M.: Judicial Consideration of Ontario’s New Parentage Rules

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The new rules for determining parentage in Ontario, which were enacted by the All Families Are Equal Act (“AFAEA”), came into force on January 1, 2017. The new rules are set out in the new Part I of the Children’s Law Reform Act (“CLRA”), which replaced the former Parts I and II of the CLRA. M.R.R. v. J.M., 2017 ONSC 2655, is one of the first reported decisions to apply….

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Hey You Mother…..

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A friend sent me this Mother’s Day greeting: “To the World You are a Mother. But to your Family You are the World!” I don’t know who wrote it, but I believe the sentiment. We all have had a mother and chances are this person shaped our lives more than any one else. For many of us, our mothers were our first loving and significant relationship. Our mothers influenced us,….

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Real Property and Probate: Quick Tips and Traps

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An estate planner’s clients typically express a desire to minimize taxes payable on death, including Estate Administration Tax (“probate fees”), which are payable on the value of the assets governed by a Will which is probated. For many clients, their home is their asset of most significant value. With the average price of homes in Ontario as of March 2018 at $576,950, which would give rise to probate fees of….

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A Gift is a Gift

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We often write about the benefits (and some pitfalls) of gifting, before and after death. Personally, when I recommend gifting, I assume that unless there are specific outcomes required to realize on the gift, a gift is exactly that, a gift – something transferred voluntarily without expectation of getting it back because you changed your mind.  A recent court case appears to support this assumption. According to Johnston v. Song, 2018….

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Charitable Giving, Estate Planning, Family Conflict, Investments, Probate Tax, Property, Real Estate, Separation, Spouse, Uncategorized

French Elvis has Left the Building

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Johnny Hallyday, referred to as the “French Elvis”, leaves behind a string of ex-wives and disappointed beneficiaries.  His recent death has resulted in litigation over his multi-million dollar estate, with the central issue being whether French or California law governs the distribution of his estate. It is not uncommon for Ontarians to have property in another Canadian province or in another country.  Depending on the type of property, law other….

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TRUST REPORTING: NEW REQUIREMENTS COMING SOON!

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Under the current rules, a trust only needs to file an annual tax return but generally does not need to file the return if it does not earn an income or make any distributions in the year. (Notwithstanding that the Canada Revenue Agency has increased its demand for “nil returns” to be filed under certain circumstances). Further, there is currently no requirement for the trust to report the specific identity….

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Canada Revenue Agency, Estate Administration, Estate Planning, In the News, Tax Issues, Trustee, Trusts, Uncategorized, United States
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