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Guardianships

One important reason to make a Will is to appoint a guardian and custodian for your minor children, in case you pass away before they reach the age of majority (18 in Ontario). What Can You Do in Your Will? Many people assume that when you name a guardian and custodian in your Will, that

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Kates Estate – Decision of Justice Gans

Blog – Kates Estate – Decision of Justice Gans – 18 November 2020  Yesterday Justice Gans released his decision in the Kates Estate.  A hard fought case heard over 9 days in September and October. In his usual edifying choice of words Justice Gans, in particular, had the opportunity to put into practice what he

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Choosing an Estate Trustee

An estate trustee (also known as an executor) is the person or trust company appointed by you in your Will who upon your death realizes your assets, pays off debts, and distributes your property in accordance with your Will. The estate trustee is chosen when you make your Will, but may be changed as circumstances

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What is a Gift?

In McNamee v McNamee, the Ontario Court of Appeal outlined the constituent elements of a legally valid intervivos gift (a gift made during one’s lifetime). For there to be a gift, there must be a: Intention to make a gift on the part of the donor, without consideration or expectation of remuneration; Acceptance of the

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Passing of Accounts

Passing of Accounts Estate Trustees are required to keep accurate and up-to-date accounts of the estate or trusts they are administering. Obtaining the court’s approval of these accounts is a process known as “passing of accounts”. The court’s approval is not always required, but in certain circumstances a passing of accounts is necessary. These instances

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Registered Education Savings Plans (RESP)

An RESP is an investment vehicle that allows parents to save for their children’s future education beyond high school. The plan is essentially a contract between two parties – the subscriber and the promoter. The subscriber contributes to the plan and the promoter makes payments to the named beneficiaries in the form of educational assistance

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