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Estate freezes: What are they and how they can help

When a Canadian owns shares in a private company, they might think about using an “estate freeze” to “freeze” or “lock-in” the value of their shares. Why do this? As I explain below, estate freezes can be an effective tax...

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Elena Hoffstein and Stephen Hsia write on the laws governing gifts by will

The Philanthropist, "The laws governing gifts by will – and the pressures they put on executors"

In this article, Elena Hoffstein and Stephen Hsia propose that extending the window for executors to make a testamentary gift to charity could unlock more giving to the charitable sector: Executors have 60 months from a donor’s death to make...

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Stephen Hsia quoted in Advisor’s Edge article on electronic wills

Advisor's Edge, "B.C. lawyers still wary after a year of electronic wills"

The article looks at the adoption of electronic wills in British Columbia: Stephen Hsia, an estate planning lawyer with Miller Thomson LLP in Vancouver, always regarded electronic wills as the next step in the evolution of testamentary documents. “I just...

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Family’s dynamics: A critical consideration for effective estate planning

Introduction A well-executed estate plan ensures that wealth is transferred from one generation to another in a tax effective and strife-free way. Crucial to the planning process is a consideration of the many potential pitfalls that may emerge during both the...

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Stephen Hsia and Jillana Schmidt-Kim write on electronic witnessing and signing of estate planning documents

The Lawyer's Daily

Stephen Hsia and Jillana Schmidt-Kim’s article titled “Estate planning: Electronic witnessing and signing in B.C.” is published in The Lawyer’s Daily: When preparing an estate plan, British Columbians are generally advised to make three basic documents: a will, an Enduring...

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Frye v. Frye Estate: A Refresher

Tax for the Owner-Manager, Volume 22, Number 3, July 2022, 11-13

When determining rights to property, many of us hark back to law school and our first-year property law class, where we were constantly reminded of the fundamental legal premise embodied in the Latin phrase nemo dat quod non habet, meaning...

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Electronic witnessing and signing of estate planning documents in British Columbia

Much has changed since May 19, 2020. That is when British Columbia first allowed the remote witnessing of wills, enduring powers of attorney (EPAs), and representation agreements (RAs) to accommodate those isolating because of COVID-19 and the resulting restrictions on...

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Does a promise to transfer property create an express trust?

The British Columbia Court of Appeal recently dealt with whether a promise to transfer property created an express trust in Virk v. Singh, 2022 BCCA 153. Background Mr. and Mrs. Virk married in India in 1977, where they met Mr....

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Why Estate Planning Matters for the LGBTQ+ Community

Estates, Trusts and Pensions Journal

Darren Lund and Brittany Sud co-author a paper for Thomson Reuters’ Estates, Trusts and Pensions Journal, 2021 Vol. 40 (available by subscription only). The article was recognized with the 2022 OBA Foundation’s Widdifield Award for originality, scope, technical merit, creativity and...

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Choosing One of Your Adult Children as Your RRSP/RRIF/TFSA Beneficiary? Think -and Act- Carefully

Planning Matters

Stephen Hsia authors an article outlining a few issues to consider when naming one of your adult children as the beneficiary on a registered plan: It’s an increasingly common story. A widow has several children, all of them adults. She...

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Top Ranked Practice

Miller Thomson is recognized as a top-ranking Band 1 firm for Private Wealth Law – Canada in the Chambers High Net Worth Guide (2022).

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Miller Thomson on Estate Planning

This publication, published by Thomson Reuters, offers insight into estate planning, trusts, estate administration, insurance planning, charitable planning, business succession and corporate restructuring and the legal implications of cross-border issues.

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