2021
JANUARY 26
Latest Update and Summary on Virtual Witnessing of Wills and Powers of Attorney: Extension for the Foreseeable Future
We anticipate that the Regulation O. Reg. 129/20, which allows for virtual witnessing in counterpart for the execution and witnessing of Wills and Powers of Attorney in Ontario (the "Regulation"), will be extended indefinitely until the end of the pandemic. The most recent extension occurred on January 15, 2021, by way of O. Reg. 15/21, as the Ontario government once again prolonged the order for Wills and Powers of Attorney to be witnessed virtually to February 19, 2021. O. Reg. 458/20 has accordingly been updated to reflect this date as well.
Lawyers:
Areas & Expertise:
2020
DECEMBER 04
New Trust Reporting Obligations - What Trustees and Advisors Need to Know
For tax years ending on or after December 31, 2021, new reporting rules established by the Canada Revenue Agency will require heightened disclosure and transparency for trusts. Trustees and advisors should be aware of the rules summarized in this article to ensure ongoing compliance.
Lawyers:
Areas & Expertise:
OCTOBER 22
Latest Update on Virtual Witnessing of Wills and Powers of Attorney: Extension in Ontario to November 21, 2020
In what is becoming a familiar refrain, the Ontario government has once again extended the time for Wills and Powers of Attorney to be witnessed virtually (i.e. over a video link) by 30 days to November 21, 2020
Lawyers:
Areas & Expertise:
SEPTEMBER 08
Latest Update on Virtual Witnessing of Wills and Powers of Attorney: Extension in Ontario to September 22, 2020
The Emergency Management and Civil Protection Act, temporarily permits virtual execution of Wills and Powers of Attorney through audio-visual communication technology during the COVID-19 emergency.
Lawyers:
Areas & Expertise:
MAY 28
Estate Freeze or Re-Freeze
An 'estate freeze' is a common tax planning strategy. The owner of shares of a private company can 'freeze' the value of his/her shares and transfer the future growth of the company to other family members. The benefit of a freeze from an income tax perspective is that the future taxation of the growth of the company can be transferred to other family members particularly children, thus limiting the tax liability of the owner on death and deferring the tax to the next generation.
Lawyers:
Areas & Expertise:
APRIL 24
Update on Virtual Witnessing of Wills and Powers of Attorney: Signing in Counterparts Now Temporarily Permitted in Ontario
APRIL 13
Virtual Witnessing of Wills and Powers of Attorney Now Temporarily Permitted in Ontario
On April 7, 2020 The Lieutenant Governor in Council made an order under s. 7.0.2(4) of the Emergency Management and Civil Protection Act, to temporarily permit virtual execution of Wills and Powers of Attorney through audio-visual communication technology during the COVID-19 emergency.
Lawyers:
Areas & Expertise:
MARCH 26
E-Wills - Legislative Change a Necessity in the COVID-19 Crisis
The Ontario Government has ordered the mandatory closure of all non-essential workplaces effective as of Tuesday March 24th at 11:59 pm. for a 14 day period, with the potential of lengthening that period as the COVID-19 pandemic unfolds. While the professional services of lawyers have been listed as one of the essential workplaces excluded from the mandatory closure, the delivery of estate planning legal services is particularly challenging in these trying times.
Lawyers:
Areas & Expertise:
2019
FEBRUARY 04
Multiple Wills Resurrected
The recent woes of the estates bar in connection with multiple Wills has been resolved positively by the Divisional Court's decision in the Re Milne appeal decision issued on January 24, 2019.
Lawyers:
Areas & Expertise:
2018
DECEMBER 21
An Update on Ontario Disability Support Program (ODSP) Reform
On November 22, 2018, the Ministry of Children, Community and Social Services announced some very vague plans for reform. With respect to ODSP, the announcement stated that the intention was to "[r]edesign [ODSP] to provide annualized income support with far fewer reporting requirements for Ontarians with severe disabilities."
Lawyers:
Areas & Expertise:
DECEMBER 10
Multiple Wills Make a Comeback
The technique of using multiple wills, which became the standard among estate planning solicitors as a method of limiting the amount of probate fees (now called Estate Administration Tax), took a beating in the Re Milne decision of September 11, 2018.
Lawyers:
Areas & Expertise:
NOVEMBER 01
Multiple Wills Alert!
A recent decision of the Ontario Superior Court of Justice (Re Milne) may affect the Wills of clients who have used multiple Wills to reduce probate fees. If you have Primary and Secondary Wills in place, this court decision may put that planning in jeopardy...
Lawyers:
- Anklewicz, Tammy J.
- Adelberg*, Lawrence D.
- Balter, Kathryn
- Wahbi, Mary
- Bosschart, Leonard
- Doody, Shaun M.
- Guselle, Peter
- Hanson, Suzanne I.R.
- Perks, William T.
- Hoffstein , Eric N.
- MacInnis, Ian V.
Areas & Expertise:
OCTOBER 12
Multiple Wills: A Little Worse for Wear but Still Worthwhile
Following a handful of disconcerting endorsements in a number of probate applications culminating in the recent decision in the Milne Estates, an issue has been raised respecting the validity of the use of multiple wills in Ontario.
Lawyers:
Areas & Expertise:
AUGUST 10
UPDATE: BIG CHANGES TO GIFTS, TRUSTS, AND SAVINGS FOR ODSP RECIPIENTS
Subsequent to the writing of this article, the Ford Government announced that the initiatives announced in Chapter 1, Section 7 of the previous government’s 2018 Budget (which includes the New Regulation discussed in the article) will not proceed at this time.
Lawyers:
Areas & Expertise:
2017
NOVEMBER 07
Wills, Powers of Attorney for Property and Powers of Attorney for Personal Care
Most people are hesitant when it comes to dealing with their Wills and Powers of Attorney. Death and Disability are not easy subjects to deal with. Unfortunately, these are realities that are better dealt with than not...
Lawyers:
Areas & Expertise:
NOVEMBER 01
November is Make a Will Month
Throughout November, Make a Will Month will see more than 40 legal information sessions presented by OBA members, including Mary Wahbi and Kathryn Balter of our Wills & Estates group, at libraries and community hubs in Toronto, Ottawa, Hamilton and Cambridge.
Lawyers:
Areas & Expertise:
OCTOBER 30
Estate Planning – Regular Check-Ups Required! Part IV– Changes In Tax Laws
In the first three editions of Estate Planning – Regular Check-Ups Required!, we discussed how changes in your assets, changes in your family life and relationships, and changes in estate laws may require that you review and revise your estate planning documents...
Lawyers:
Areas & Expertise:
OCTOBER 16
Estate Planning – Regular Check-Ups Required! Part III – Changes In Estate Laws
In previous editions of Estate Planning – Regular Check-Ups Required!, we discussed how changes in your assets and changes in your family life and relationships may require that you review and revise your estate planning documents...
Lawyers:
Areas & Expertise:
OCTOBER 03
Estate Planning – Regular Check-ups Required! PART II– Changes in Family Life and Relationships
As a general rule of thumb, we suggested that if your estate planning documents are more than three to five years old, it's time to review and up-date them. This is the second article in a four-part series on wills and estate planning.
