Wills

Total 473 Posts

WHEN A WILL IS DRAFTED AFTER DEATH: LESSONS FROM HENRIKSEN ESTATE

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What happens when a person dies before their will is signed, but their lawyer has already been given clear instructions about what that will was supposed to say? Can a court step in after death and give effect to the deceased’s wishes? The recent decision in Henriksen Estate (Re), 2026 BCSC 1058 raises this unusual question and offers an interesting point of comparison for Ontario practitioners.   A WILL THAT….

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Contested wills, Estate Planning, Uncategorized, Wills

Smart Ageing, Smart Estates Podcast, Episode 2: A Will Is a Starting Point

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SMART AGEING, SMART ESTATES continues with a discussion about wills, estate planning and the broader considerations that shape a comprehensive estate plan. The podcast connects legal planning, financial planning, and ageing considerations into a single planning framework. The podcast is co-hosted by Justin de Vries, founder of All About Estates and principal of de VRIES LITIGATION LLP, together with Susan Hyatt, Chair, CEO and Co-Founder of Silver Sherpa Inc. Estate….

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Estate Planning, Podcast, Wills

Filling in the Gaps: Extrinsic Evidence and s. 21.1 of the SLRA

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On June 15, 2024, Robert Chang (“Robert”) received an unexpected text from his brother, Luen-Wen Chang (“Luen-Wen”). Luen-Wen advised Robert that he was ill and asked Robert to visit him as soon as possible. Luen-Wen also said he wanted to “give [his] will” to Robert. On June 19, 2024, Robert (who lived in Dallas, Texas) visited an Etobicoke Hospital and learned that Luen-Wen was terminally ill. During this visit, Luen-Wen….

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Wills

Buying Property Abroad? Consider these Estate Planning Issues First

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This blog has been written by Pritika Deepak, Associate at Fasken LLP Many Canadians dream of owning property abroad and many already do. Whether it is a winter retreat in Florida, a villa in France, or a retirement home in Costa Rica, purchasing foreign real estate can be an exciting milestone. However, foreign property often introduces estate planning considerations that are overlooked until it is too late. Before completing the….

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Estate Administration, Estate Administration and Probate Applications, Estate Planning, International, Power of Attorney, Probate Tax, Property, Real Estate, Succession Planning, Tax Issues, Testamentary Capacity, Uncategorized, Wills

The Will That Almost Was: When an Unsigned Will Creates Chaos

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Scotiatrust

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust    Most of us have a mental image of what a Will looks like. It is signed at the bottom, witnessed, maybe bound in a blue backing. It sits in a filing cabinet or a safe deposit box, and when the time comes, someone pulls it out and follows the instructions. Clean. Final. Done. But what happens when there….

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Estate Litigation, Estate Planning, Wills

Excluded Property, Estate Freezes and Family Law: What Estate Planners Need to Know After Lang-Newlands v. Newlands

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Estate planners have long viewed trusts and estate freezes as valuable tools for succession planning, tax efficiency, and family wealth preservation. However, the Ontario Court of Appeal’s recent decision in Lang-Newlands v. Newlands, 2026 ONCA 530, serves as an important reminder that family law considerations can significantly affect the intended outcomes of an estate plan. For trusts and estates practitioners, the decision highlights the limits of relying on the Family….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Family Conflict, Spouse, Succession Planning, Trusts, Uncategorized, Wills
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