At Fogler, Rubinoff, we believe that making a difference begins with trust. Experience and sound judgment earn it. Client relationships are built on it. Results keep it.
X

As mentioned in our COVID-19 communication, many of our lawyers and staff are working remotely and we continue to remain open and serve our clients. All employees have access to their electronic mail, telephone messaging systems, and electronic files needed for a seamless transition to our remote environment. 

 

 

Wills and Estates

2020

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. 

Download Publication Attachment

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.

Download Publication Attachment

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.

Download Publication Attachment

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.

Download Publication Attachment

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."

Download Publication Attachment

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.

Download Publication Attachment

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...

Download Publication Attachment

Lawyers:

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.

Download Publication Attachment

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.  

Download Publication Attachment

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...

Download Publication Attachment

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...

Download Publication Attachment

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...

Download Publication Attachment

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.

Download Publication Attachment

Lawyers:

Areas & Expertise:

Portrait

This site can only be viewed
in landscape mode