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will estate planning foreign real property

October 9, 2014 0Comments

Does Where I Live When I Die Affect my Estate?

Yes, where you live when you die can make a big difference in how your estate is dealt with. You might be surprised to learn that if you are living in Switzerland at your death, forced heirship laws could overrule what your Will says.
I’ve just returned to Ottawa from Zurich, Switzerland, where I attended a conference about international estates. I met other estate professionals from all over Europe, the UK, and as far away as Australia and the USA. We learned a great deal about the differences in the way estates are handled in Europe, the UK and the USA.

October 2, 2014 0Comments

How Not to Leave a Gift to a Grandchild Upon your Death

“I’ve named my little granddaughter as the beneficiary of my life insurance policy but with her dad, my son, as the trustee. He’ll have full control, won’t he?”
I get asked the above question time and time again. The answer, in short, probably not to the extent you think he will.

September 25, 2014 0Comments

How Much Can the Trustee of a Henson Trust be Paid?

You may already know that at our law office in Stittsville (near Ottawa), we specialize in estates and trusts. As a result, we often meet people who are beneficiaries or trustees of a Henson Trust and who want to understand how it works.
A Henson Trust is a special type of trust that holds the money and assets meant for a beneficiary with a disability. A properly-drafted Henson Trust allows the beneficiary to be left an inheritance indirectly without affecting their benefits under the Ontario Disability Support Program (‘ODSP’). If an ODSP beneficiary receives an inheritance directly, ODSP benefits could be reduced or eliminated … not usually what anyone wants unless the inheritance is a very large amount.
The trust is looked after by a trustee … a person or trust company appointed to manage or administer the Henson Trust assets. Sometimes clients want to know if the trustee can get paid and, if so, how much.

September 19, 2014 0Comments

Three of the Biggest Mistakes Executors Make

Acting as an executor is a big job. And one that comes with a lot of responsibility. Perhaps not surprisingly then, there is a lot of room for error and mistakes are sometimes made.
As we specialize in estates at our law office in Stittsville (Ottawa), we meet with a lot of executors and have first-hand knowledge of the mistakes that executors often make. Unfortunately, mistakes can be costly, both to the estate and to the executor.
Here are what I consider to be three of the biggest mistakes made by executors:

September 11, 2014 0Comments

Top Three Tips for Choosing a Lawyer

choose lawyer estates — How do I know which lawyer is best for me?

As we specialize in estates, from estate planning to getting probate and guardianship orders to administering estates, we see the good, the bad and the ugly of estates work. Mistakes are made, sometimes by the lawyer who drafted the Will, sometimes by the executor or guardian and often these mistakes translate into big losses for the estate.
Not long ago in our law office in Stittsville (Ottawa), we were casually talking amongst ourselves about the biggest mistake that an executor can make. One of our team members jokingly replied ‘hiring the wrong lawyer’.

September 4, 2014 0Comments

My wife and I own our home together….That means it will just go directly to her on my death, right?

I get asked this question a lot at my law office in Stittsville (Ottawa). People often assume that because they own their home together with their spouse, the property will simply pass to their spouse upon their death. This may or may not be true.
On the other hand, others believe they can always deal with their share of a property in their Will. This may or may not be true.

August 28, 2014 0Comments

The Biggest Estate Planning Mistakes People Make Following Separation

Going through a separation is unquestionably difficult. There are often financial difficulties, emotional upheavals, and myriad issues which must be dealt with. Things are even more complicated when children are involved.
Time and time again I speak with people who have made the mistake of not reviewing their estate planning following a separation. In a time of difficulty, it is understandable that things, even important things, may get overlooked. Unfortunately, the consequences of overlooking one’s estate planning following separation can be dreadful.

August 14, 2014 0Comments

The Essential 101 Guide to Probate

probate estate trustee — What does ‘getting’ probate actually mean?

We all know about probate fees. Those pesky fees that must be paid to the government when we die.
But what does it mean when an executor has to ‘get’ probate. What does this mean exactly? For many, the process of probate is mysterious. This can cause anxiety and frustration for beneficiaries who are anxiously awaiting information and want to know when they will get their inheritance.

August 7, 2014 0Comments

Who Gets the Cottage?

Last week I met with Ray and Gail (not their real names) to discuss their estate planning. A recent family discussion with their two daughters over what to do with the family cottage had prompted them to come and see me. Ray and Gail still enjoyed their summers at the cottage and weren’t sure if they were ready to give up ownership. Both daughters were interested in keeping the cottage in the family but one travelled a lot with her job so wasn’t sure if ownership made sense for her. The family wasn’t sure what to do.

July 24, 2014 0Comments

Estate Planning for Second Marriages: No Easy Answers

Many of the clients that I meet at my law office in Stittsville (Ottawa) are in second marriages. This nearly always adds an extra degree of complexity to their estate planning, especially if one or both have children from prior relationships.
The question they ask me is: “How do I make sure that my children get something from me but ensure my spouse isn’t left destitute?”

Does Where I Live When I Die Affect my Estate?

How Not to Leave a Gift to a Grandchild Upon your Death

How Much Can the Trustee of a Henson Trust be Paid?

Three of the Biggest Mistakes Executors Make

Top Three Tips for Choosing a Lawyer

My wife and I own our home together….That means it will just go directly to her on my death, right?

The Biggest Estate Planning Mistakes People Make Following Separation

The Essential 101 Guide to Probate

Who Gets the Cottage?

Estate Planning for Second Marriages: No Easy Answers

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