The Hart of It All


Happy new year! 

I had the pleasure of being a guest on Teri Hart's great podcast, The Hart of It All. Over two podcasts, we covered a lot of ground, discussing wills, estate planning, probate and powers of attorney. I invite you to check out this great podcast!

Part 1 - Wills

Part 2 - POAs 

Wishing you well for 2026. 


Jordana

Comments

Post a Comment

Popular posts from this blog

What Are the Inheritance Rules if A Spouse Dies While Separated But Not Divorced?

Image
As of January 1, 2022, amendments to Ontario's Succession Law Reform Act (SLRA) can disqualify separated spouses from inheriting from one another. These changes apply whether a person has a Will (testate) or dies without one (intestate). To inherit despite separation, a Will must explicitly state such an intention. These amendments ensure that separated spouses are treated similarly to divorced individuals regarding inheritance rights. Previously, only divorced spouses were barred from inheriting under an ex-spouse's Will or intestate estate. However, it’s crucial to note that there are specific timing criteria, and the new regulations do not apply to all separated spouses. The changes stem from Bill 245 – the Accelerating Access to Justice Act, 2021. Section 17 of the SLRA was revised to revoke gifts to a "separated spouse" in a Will, mirroring the rules for divorced individuals.  For the purposes of these amendments, spouses are considered "separated" if: ...
Read more

Naming a U.S. resident as executor of your Ontario Will

Image
Having a U.S. executor in a Canadian will can present practical, legal, and tax implications. Executors are responsible for administering the estate, and their residency can affect the estate’s administration and tax status, particularly when one is outside of Canada. Here are the key considerations: 1. Residency and Tax Implications Canadian Estate Residency : An estate is generally considered a resident of the country where the majority of its executors reside. If a U.S. co-executor is involved, the estate may be deemed a non-resident for Canadian tax purposes, leading to: Potential exposure to U.S. estate taxes. Loss of graduated tax rates on income earned by the estate in Canada, as the estate could be taxed as a trust for non-residents. Tax Filings in Both Countries : The co-executor in the U.S. may need to file returns in both Canada and the U.S., increasing complexity and administrative burden. 2. Practical Challenges Cross-Border Coordination : The U.S.-based co-executor may fa...
Read more

What Happens if Someone Dies Without a Will in Ontario?

 What Happens if Someone Dies Without a Will in Ontario? In Ontario, when a person dies without a Will, they are said to have died "intestate." This situation can create challenges for the deceased’s loved ones, as the distribution of their assets and the management of their estate are dictated by provincial laws rather than personal wishes. Here’s a breakdown of what happens in such cases. 1. Intestate Succession Law Ontario's intestacy laws govern how the deceased’s assets will be distributed. The distribution follows a hierarchy established by the Succession Law Reform Act . The first in line are typically spouses and children. If there are no surviving children, the estate may go to parents, siblings, or further relatives in a specific order. If no relatives can be found, the estate may ultimately be transferred to the government. 2. Estate Administration Without a Will, no one is automatically appointed to administer the estate. However, an interested party, often a...
Read more