estate planning

The Law of Substitution de residuo under the Civil Code of Québec: A Refresher from Recent Québec Superior Court Decisions

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This blog has been written by Frédéric Barriault, Counsel, at Fasken LLP The decisions in De Forte c. Kassardjian, 2025 QCCS 91, and Succession de Tremblay c. Abran, 2025 QCCS 2626, offer a coherent and complementary articulation of Québec law governing substitutions de residuo, particularly regarding (1) their legal validity, and (2) the limits imposed by public order rules. Together, these judgments reaffirm the primacy of the testator’s intent while clarifying….

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Estate Administration, Estate Litigation, Estate Planning, Wills

Finality Matters: Smith v. Bechtel in the Evolving Jurisprudence on Substantial Compliance

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This blog was co-authored by Latoya Brown, Associate and Ciaran Sheahan, Student-at-Law at Fasken LLP Ontario courts have, in recent years, considered a growing number of cases addressing the scope of their curative jurisdiction under s. 21.1 of the Succession Law Reform Act (the “SLRA”), following the amendment empowering them to do so. These decisions continue to refine the doctrine of substantial compliance and to provide clarity on what constitutes….

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Charitable Giving, Contested wills, Estate Administration, Estate Litigation, Estate Planning, Succession Planning, Wills

Living Across Borders: Estate Planning Lessons from a Destination Wedding

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This blog has been written by Pritika Deepak, Associate at Fasken LLP. Last week, I was in sunny Trinidad and Tobago celebrating the wedding of a close friend. We first met years ago when she came to Canada for undergraduate studies and later built a life in Toronto. The wedding brought together friends and family from across the globe, many of whom, like the bride, had meaningful connections to Canada….

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Estate Planning, Power of Attorney, Wills

Charity or Parallel Foundation?

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[caption id="attachment_20034" align="aligncenter" width="300"] Detail of painting The End of Comedy by P. Alvarez, 2017[/caption] Recently, I received a note from a colleague who sits on the board of a social service charity as a volunteer.  This charity has an older, long-time donor who has named the charity in her will.  The problem is the charity prefers to have the estate donation to go to its parallel foundation, as it….

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Philanthropy/Charitable Giving

Why Young Adults Need an Estate Plan—Even If They Don’t Own a House

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Back in 2019, I wrote a blog about estate planning for younger adults and the importance of addressing this often-overlooked issue. Today, I thought I would revisit and update this topic. Young adults often assume that estate planning is only relevant for older adults or wealthy individuals. When I was in my early 20s, even while working as an estate administration clerk, it wasn’t something I seriously considered for myself…..

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Estate Planning, Power of Attorney, Wills

Planning for the People You Love

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This blog has been written by Latoya Brown, Associate at Fasken LLP Valentine’s Day is often associated with flowers, cards, and grand gestures. But beyond the chocolates and celebrations, February also offers a quieter reminder of what truly matters: the people we care about. It’s an opportunity to pause and reflect on how we show care, not just through gestures or words, but through thoughtful planning and intention for the….

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Estate Administration, Estate Planning, Family Conflict, Power of Attorney, Succession Planning, Wills
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