I recently met with Jim and Phyllis (not their real names) at my law office in Ottawa. As many other Canadians who have been investing in property, they had recently purchased a vacation property south of the border. They had signed Wills about two years ago but wanted to know if there was anything special that needed to done as a result of their newly-acquired vacation property. They were considering gifting the property to their oldest son as they felt their other children would not be interested.

I told Jim and Phyllis they had done the right thing in coming to see me. I explained to them that although many jurisdictions will recognize a Will drafted and signed in Canada, some will not.  Even if the Will is recognized, the legal system of another jurisdiction may differ from Canada’s and could result in an unexpected distribution.

To minimize problems, I suggested that Jim and Phyllis either have their Canadian Wills reviewed by a lawyer licensed to practice in the jurisdiction where the real property is located or have a Will drafted in that jurisdiction to deal only with their vacation property. Read the rest of this entry »

Not too long ago, I met with Gail (not her real name) at my law office in Ottawa. Gail had signed a Will about five years ago. Since then, she had some new assets and wanted to review her estate planning and make sure her Will was up-to-date.

During our meeting, Gail mentioned that  she had recently invested in a small family company which owns a large island in Ontario cottage country.  There are several cottages on the island which are used by various family members all of whom, along with Gail, own some of the shares of the corporation. Gail’s two children also own shares in the company.  For this reason, Gail thought she might want her shares to go to her grandchildren.  However, she wasn’t sure if she should gift the shares during her lifetime or wait until her death.  All of her grandchildren love the spending time at the island as much as Gail does.  They spend as many much time there as possible even though they have busy lives with careers and young families of their own. Read the rest of this entry »

As I sit down to write this blog, excitement is building across the city as our Ottawa Senators’ hockey season has finally begun. After long negotiations, the players and owners ultimately agreed and signed an agreement. At the same time, our teachers and the Ontario government are trying to reach an agreement which both sides can live with. In all facets of our lives, there are times when it is necessary to simply hash out the details, whether over an existing dispute or to prevent future disputes, and come to an agreement which meets the needs of all parties involved. The same is true with estate planning.

 A married couple, Bob and Sue (not their real names) recently met with me to ask how they could ensure that neither would change their wills without first consulting the other.  Read the rest of this entry »

My first day in the office of 2013, I met with Susan (not her real name) to discuss her estate planning. Our meeting went very well — she had come fully prepared, had a clear idea of her estate planning goals, and had many thoughtful questions. When we were scheduling her next appointment with me to discuss and sign her Wills and Powers of Attorney, she was literally beaming and looking quite pleased with herself. Read the rest of this entry »