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Income Splitting Loans: What’s the Use?

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We have blogged about income splitting arrangements available to individuals who wish to loan funds to his/her lower income spouse or adult child, or in the case of minor children, a discretionary family trust. Such loans would be used to invest in income producing properties such marketable securities, mutual funds, real estate income trusts (to name a few). The income from these properties less the interest paid on the loans….

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Canada Revenue Agency, Estate Planning, Interest, Investments, Property, Spouse, Tax Issues, Uncategorized

Estate Planning for Millennials

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As a “millennial” (an imprecise demographic term which describes those born between 1980 and somewhere in the late 1990s), I often hear about the ways in which my generation is doing things differently (often worse) than those generations before us: we live on our smartphones[1], we can’t seem to get out of our parents’ houses and in to our own places[2], and we are delaying getting married and having families….

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The Cost of Winning, Sort of….

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In my practice, I have been engaged on valuation matters which, on occasion despite the efforts of all those involved, go to trial to have a trial judge settle for the parties. Most trials are expensive and the actual outcome is not always certain, no matter how strong one side of the matter or case might be. It has been my experience that even if one happens to be on….

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Costs, Estate Administration, Estate Litigation, Executors, Joint Tenancy, Property, Uncategorized, Undue influence, Wills

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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