Category Archives: Blog

Treatment of CPP Death Benefit by the Estate

CPP DEATH BENEFIT AND HOW THE ESTATE NEEDS TO HANDLE IT If you have contributed to the Canada Pension Plan (“CPP”), you will be entitled to a CPP death on your death. The amount of the death benefit will depend on … Continue reading

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Investments Under Power of Attorney

ESTATE ADMINISTRATION – INVESTMENTS UNDER POWER OF ATTORNEY An Attorney acting under a Power of Attorney for Property is required to be careful with investments. If the Power of Attorney for Property of the incapacitated person gives specific authority to make certain types of investments, an attorney … Continue reading

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Probate Tax – How much does it cost?

PROBATE TAX – WHAT IS IT AND HOW MUCH DOES IT COST? What is Probate tax? It is a provincial tax imposed on the deceased’s estate under the control of an executor or administrator. How much will the probate tax be … Continue reading

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No Will, Spouse or Children: Where Do Your Assets Go on Death?

NO WILL AND NO OBVIOUS HEIRS? NOW WHAT? Contrary to popular belief, the government does not automatically take the assets of a person who dies without a will leaving no spouse or children to inherit. The Succession Law Reform Act … Continue reading

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CPP Survivor’s Pension

ESTATE ADMINISTRATION – CPP SURVIVOR’S PENSION If your spouse contributed to CPP, you may be eligible to receive a CPP survivor’s pension. To qualify you must be the legal or common law spouse of the deceased. The amount of the … Continue reading

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Non-continuing Power of Attorney for Property

NON-CONTINUING POWER OF ATTORNEY FOR PROPERTY If your Power of Attorney does not specifically indicate that it is a Continuing Power of Attorney for Property or say that it allows the people you name to continue to act for you … Continue reading

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Last Will Dated Before 1978

ESTATE PLANNING – DOES YOUR LAST WILL AND TESTAMENT PREDATE 1978? Was your Last Will and Testament made before March 31 1978? Then read THIS! If your Will: a. Was made before March 31, 1978; b. provides for some of … Continue reading

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Mediation in Estate Litigation

WHY USE MEDIATION INSTEAD OF LITIGATION? Estate litigation is becoming increasingly popular in Ontario. Estate litigation relates to many different aspects of an estate including: Whether or not the deceased had the capacity to make a Will; Whether someone forced … Continue reading

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Power of Attorney With Only One Witness

POWER OF ATTORNEY FOR PROPERTY WITH ONLY ONE WITNESS Prior to 1995 the law did not require 2 witnesses to a Power of Attorney for Property. The law was changed in 1995 to require 2 witnesses. Provided a pre-1995 Power … Continue reading

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Holograph Will – Write your own Will

WRITING YOUR OWN WILL IS REFERRED TO AS A HOLOGRAPH WILL Contrary to popular belief, an Ontario Will may be valid even if there are no witnesses to the Will. If a Will is made entirely in the handwriting of … Continue reading

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