Please don’t be mislead by the title to this blog. We are not suggesting that beneficiary designations are to be avoided. Quite the opposite is true. What we actually want to do is highlight the fact that a critical component of estate planning is reviewing your beneficiary designations. What you need to do is ensure that your designations are in sync with the rest of your estate plan.
There are various assets for which you can designate a beneficiary i.e., someone to receive the asset directly upon your death. These include RRSPs, RRIFs, TFSAs, and life insurance products. The designation can be made in your Will or outside of your Will in a separate document. These designations may also be governed by various Ontario and federal laws applicable to the particular asset as well as the specifics of the plan or policy relating to the specific asset.
Most of us know that every capable adult should have a Will. However, for obvious reasons, it is something that often gets put on the backburner as it can be difficult for some to think about. The death of a celebrity passing away without a Will often serves as a poignant reminder of the importance of making sure our own estate planning is done and up-to-date. Recently, it is the unfortunate passing of Prince that comes to mind. It has been reported that he died without a Will leaving behind a $150 million dollar estate.
Along with careful consideration of our loved ones, estate planning generally involves a discussion about probate fees and how to avoid them. In order to have this discussion, it is important to have a basic understanding of what the process of getting probate and calculating probate fees means in Ontario.
Buying or selling a home, cottage, or rental property? Call us! We are pleased to announce that we are expanding our practice areas to better serve our clients. We will now be assisting clients with sales of real property, purchases, and mortgage refinancing. Call us at 613.836.9915 for further details.
The temperature in Ottawa has steadily risen over the past week and culminated over the weekend in our first heatwave in May in over 100 years. This steady rise in temperature is matched by a steady rise in residential property sales over the last few years in Ottawa with this spring being no exception.
At this time of year, many of us turn our attention to the dream of cottage ownership. While shopping for the perfect lakeside getaway however, it is important to keep in mind that there are different issues to consider when buying a cottage property versus buying a property in a more urban setting.
Here are our top three things to consider when buying a cottage property:
Our big moving week here at Neff Lafreniere Estate Law has finally arrived. We couldn’t be more excited. Beginning May 1, we will work out of our new space at 120 Iber Road, Suite 107. This is just a few blocks away from our current location. Although our address will change, all of our other contact information will remain the same.
Our predecessor law firm, Neff Law Office, moved to our current location in the Stittsville/Kanata area of Ottawa in 2001. Since that time, we have made countless fond memories of time spent meeting with clients and building our knowledge and experience in the areas of wills and estates. We can’t wait to continue this tradition in our new space.
Of course with every move comes a ‘to-do’ list which seems to be a mile long and growing by the minute. Notifying service providers, ordering new office equipment, deciding what to take and what to leave behind are just some of the many tasks to be checked off the list.
As we go through our to-do list, we are reminded that the executors (also called estate trustees) that we meet with are faced with an equally daunting to-do list as they begin their duties as an executor.
Looking at this weekend’s forecast for Ottawa, I dare say that Mother Nature has finally taken pity on us. Speaking with clients and friends, it seems many of us have already been bitten by the spring cleaning bug despite having to take out our snow shovels earlier this week.
As we go about spring cleaning our office in preparation for an upcoming move (I’ll share more on this exciting news below), I am reminded that it is sometimes a deceased’s household goods and personal items that become the centre of bitter disputes among loved ones. The simple fact is that these items often have tremendous personal and sentimental value despite having little monetary value.
With this in mind, when doing your estate planning consider the articles in and around your home and cottage and think about what you would like done with them at your death. In particular, ask yourself,
What is a LIRA?
If you have a registered pension plan with an employer and you are laid off or change employers, your pension will be transferred to a Locked-In Retirement Account (LIRA). LIRAs are similar to RRSPs but with some specific restrictions. For example, funds in a LIRA only become ‘unlocked’ when the holder retires or reaches a specified age set out in the legislation.
When can payments from a LIRA start?
In short, the answer is maybe, maybe not.
The governing legislation for land use in Ontario is the Planning Act. It describes how land uses may be controlled and who has the authority to impose regulations on land use. It also deals with ‘abutting’ or adjacent parcels of land.
One of the critical issues that needs to be explored is whether the cottage and the vacant lot are in fact two separate parcels of land which can be dealt with separately or whether they ‘merged’ into one parcel of land at some point in time.
The simple answer is no, not necessarily. However, there will likely be changes to the ODSP income support and benefits that are received. An ODSP recipient is always required to make all ‘reasonable efforts’ to obtain any…
Filing an Estate Information Return has recently been added to an executor’s already long list of duties and responsibilities. The executors (also called estate trustees) I meet with at my law office in the Kanata-Stittsville area of Ottawa have lots of questions about this. Below I will explore the basics of the EIR by answering some of the questions executors have asked me.