All About Estates

Category: Uncategorized

Total 564 Posts

Chat, j’ai pété (and left a stink)

Since the widespread launch of cheap, accessible, generative AI platforms like Open AI’s ChatGPT, Bing Chat, Google Bard, Cohere Coral, etc. we’ve all read the news articles and blog posts written using AI to show off the possibilities these new tools present. In the legal industry, there’s buzz around the…

Continue Reading

The End of Zoom Wills?

In order for a Will to be valid, the testator must sign in the document in the presence of two witnesses. During the COVID lockdown, numerous jurisdictions, including Ontario, enacted emergency legislation permitting the virtual or video commissioning of Wills. These measures enabled the testator’s signature on the Will to…

Continue Reading

Does an Adult Child have an Obligation to Support their Parent?

*This blog was researched and authored by Jonathon Vander Zee, who is an articling student with de VRIES LITIGATION LLP.  There are many different kinds of support that can be sought as relief in a legal proceeding, such as child support, spousal support, and dependant’s support. These types of support…

Continue Reading

BILL C-62 – Delays the inclusion of mental illness from MAID eligibility

Everyone knows the tragic Shakespeare tale of how Juliet awakens from her “death” to discover that her love Romeo had taken his life, believing that Juliet had really died.  Juliet, in her own state of sorrow, stabs herself with a dagger and is joined forever with her love Romeo. This…

Continue Reading

Firearms, Wills, Estates, and the impact of Bill C-21

Bill C-21- An Act to amend certain Acts and to make certain consequential amendments (firearms)   This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP Estates practitioners should be aware that Bill C-21, the controversial legislation which imposes strict gun control provisions Canada-wide, received Royal Assent…

Continue Reading

Section 3 Counsel’s Entitlement to Costs

The Court in Gadula v Leroux, 2016 ONSC 6990 provided quite an interesting discussion regarding the entitlement of costs for all parties involved in a guardianship application and from where the costs were to be taken from. The issue of costs is unsurprisingly common in estate litigation and in litigation…

Continue Reading

Charity Governance and Estate Donations

The headline is not intended to scare you off.  Admittedly, governance is a notoriously dull topic, made worse by the enthusiasm of governance wonks.  Charity governance is rarely a matter considered, at least overtly, by an estate donor when planning a gift by will. But strong governance is essential to good charities….

Continue Reading

Tax Considerations for Gifts of Art in Canada

Gwenyth Stadig, Associate and Upama Poudyal, Articling Student  – Gowling WLG (Canada) LLP An increasing number of Canadian taxpayers are interested in giving pieces of art to charities or other qualified donees as part of their estate plans. Some of these Canadian taxpayers are choosing to make decisions to give…

Continue Reading

Taxable Preferred Shares – Some Potential Relief for Specified Amounts

Andrew Coates, Associate, Gowling WLG (Canada) LLP The potential tax implications of estate trustees finding themselves holding taxable preferred shares (“TPS“) owned by a deceased and the “substantial interest” exception for Part VI.1 tax was explored previously in the March 2, 2021 post, but TPS is a complicated subject so…

Continue Reading

Wish lists are for more than just the holiday season

This blog has been written by Mohena Singh [Associate] at Fasken LLP As we near the new year and reflect on another holiday season, many of us may have used this time to spend with family and friends or catch up on some much needed rest and recovery. This time…

Continue Reading