Category archive: Wills and Estates

Personal Trusts in Estate Planning

Family pets can be of utmost importance for estate planning purposes.  The recent case from the Saskatchewan Court of Queen’s Bench brought clarity into the court’s treatment of family pets. In that case, a husband and wife were divorcing and could not agree on where their two dogs should live. The wife wanted the court…

How do I calculate the amount of the estate administration tax?

A close-up of a person using a tax calculator

  In Ontario, the estate administration tax is calculated on the total value of the deceased’s estate wherever situated.  This amount is sworn/affirmed to on the application for a certificate of appointment of estate trustee and listed under “Value of Assets of Estate”. The formula for calculating the amount of the tax is set out in the…

Living Will and your Estate Plan

An elderley mother and her daughter

Your Power of Attorney or Living Will may be even more important now in light of the Supreme Court’s decision to overturn the law criminalizing physician-assisted suicide in the decision of Carter v Canada (Attorney General). The suspension on the declaration that the relevant Criminal Code provisions were “of no force and effect” was set to expire in February, 2016….

Should you have a Family Trust?

Two boys go fishing off a dock

If you have assets and intend to share them with family at some point, you should consider the use of a family trust. It is key to consider the assets that you are choosing to transfer to your family trust.  The first reason is that once they are transferred, the assets will now be owned by the trust and held for the benefits of the beneficiaries. …