Who Is Responsible for Funeral and Burial Decisions When There Is a Will
When a person passes away leaving a valid will, the executor named in that will becomes legally responsible for the deceased person’s body. The executor must ensure that the body is handled with dignity and that all funeral, burial, or cremation arrangements are carried out appropriately. The executor’s authority begins immediately upon death and does […]
Will Kits versus Lawyer-Prepared Wills
Many people consider using a will kit because it appears to be a quick and inexpensive way to prepare a will. These kits are widely sold online and in stores, often promoted as simple, do-it-yourself tools for estate planning. However, while they may seem convenient, they come with serious limitations and potential legal risks. Without […]
Power of Attorney for Property in Ontario
In everyone’s life, situations may arise where we need help to manage our own financial affairs. Whether due to illness, an accident, or simply a period when we cannot be physically present to make important decisions, it is essential to have a legal solution that ensures continuity and protection of our interests. In the province […]
Estate Planning for The Busy Business Owner
Estate planning for a small business involves creating a comprehensive plan to manage and distribute the business owner’s assets upon their death or incapacitation. This process ensures that the business and other assets are transferred smoothly, with minimal legal complications, taxes, and disruptions. What happens to the business? An incorporated business that is not publicly […]
The Vital Importance of a Will: An Ontario Estate Lawyer’s Perspective
When it comes to planning for the future, few documents hold as much significance as a will. Despite its importance, many Canadians—especially those in Ontario—often overlook this critical aspect of estate planning. As an experienced estate lawyer, I’ve seen firsthand the complications that can arise from not having a will. This article aims to highlight […]
The Bare Trust – new guidance from CRA
Commencing with the 2023 taxation year, the Canada Revenue Agency (“CRA”) has implemented new reporting obligations for trusts. This meant that many trusts (including bare trusts) that did not previously have to file tax returns fell under the requirement to do so. However, acknowledging the unintended consequences these new reporting obligations have had on Canadians, […]
Succession Law: Married Spouses and Common Law Partners
Estate law in Ontario, Canada, presents distinct considerations for surviving spouses, whether married or common-law, depending on the presence or absence of a will. Delving into the legal frameworks provided by the Family Law Act (FLA) and the Succession Law Reform Act (SLRA), this article examines the rights of surviving spouses and common-law partners under […]
Succession Law: Marriage, Divorce and Separation
In this blog post, we delve into the nuances of Ontario’s evolving laws concerning wills, marriage, and divorce (please note that common-law partners are not covered in this discussion; you can find information on that topic here). We delve into recent changes, unpack their implications, and provide valuable insights into how they may affect estate […]
Canada s-a alăturat Convenției de la Haga
Pe 11 ianuarie 2024, Convenția de la Haga privind abolirea cerinței de legalizare pentru documentele publice străine, a intrat în vigoare în Canada. Convenția de la Haga este un tratat multilateral, scopul principal al căruia este să faciliteze circulația documentelor publice (de exemplu, certificate de naștere, procuri, diplome etc.) emise de o țară pentru a […]
The Bare Trust
The new trust reporting rules take effect for the taxation year ending after December 30, 2023. The Canada Revenue Agency (“CRA”) now requires trusts to be declared through annual filings if certain criteria are met. Many trusts (including bare trusts) that did not previously have to file tax returns are now required to do so. […]