Estates

PARENTS MAKING ADULT CHILDREN JOINT ACCOUNT HOLDERS – KNOW THE LAW – MORE ABOUT LEAVING A LEGACY OF LITIGATION

Recently I blogged about parents placing their adult children as joint holders of a bank account or other asset and the risks of doing so. Lori M. Duffy and Hayley Peglar, lawyers at Weir Foulds LLP, recently blogged about this issue, too. Their blog is a great summary of the perils that can materialize with […]

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DESIGNATING YOUR RRSPs FOR YOUR ESTATE PLAN – BEWARE OF THE TAX – OPTIONS TO AVOID CREATING LITIGATION AMONG YOUR BENEFICIARIES

Generally, you can designate a beneficiary for your RRSPs. If you do, generally the RRSP will be paid to your designated beneficiary on your passing. The RRSP will not form part of your Estate and, therefore, not be subject to Ontarios estate administration tax. However, the problem: the federal Income Tax Act provides that, even

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UNPAID TAXES – AVOIDING POTENTIAL HEADACHES IF YOU ARE APPOINTED THE EXECUTOR OR ESTATE TRUSTEE

Appointed as an executor or estate trustee by a Will? If the deceased had tax issues on death, it can be problematic for you and expose you to liability claims by the beneficiaries. The CRA has a Voluntary Disclosure Program, which not only will help you, as executor, but increase the chance that the unpaid

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PARENTS – PUTTING YOUR ADULT CHILD ON YOUR JOINT BANK ACCOUNT – DON’T LEAVE A LEGACY OF LITIGATION

Over the past six months, I receive more and more calls about cases involving joint bank accounts between a parent and an adult child (when the parent passed away), most of which involving disputes raised by other adult children of the parent who passes. Joint bank accounts is an increasingly popular tool used by elderly

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FAMILY MEMBER CAREGIVERS – UNDERSTAND YOU ARE HELD TO A HIGHER STANDARD AND DUTY

Caregivers are increasingly being held to a higher legal standard. They are now generally regarded as a fiduciary to the person to whom they provide care. A fiduciary has higher obligations legally caregivers are now in that category. Historically there are general categories of fiduciary relationships that have evolved in Ontario. They include: agent to

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