Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP. As estate planning legal professionals, we sometimes lose sight of how difficult and confusing reading a Will can be, often full of “legalese” and sentences that seem to go on forever. An executor reading the will may not…
Pieter Claesz, “Vanitas Still Life” 1630. Private foundations are believed to be durable entities. Perpetuity is often assumed at the planning stage. Canada Revenue Agency (CRA) data shows, however, that 3,073 private foundations closed during the period 2000 to 2025. Growth in Private Foundations Private foundations have seen significant growth…
In my capacity evaluation work, my clients (who are mostly lawyers) occasionally suggest that if I have already assessed that a decision maker has testamentary capacity, then I need not evaluate whether the decision-maker has capacity to appoint a power of attorney (POA) for property. The reasoning is that because…
Today’s blog has been written by David C. Rosenbaum, Partner, at Fasken LLP Subsection 21.1(1) of the Succession Law Reform Act (SLRA) permits the Superior Court of Justice to validate a document or will that was not properly executed or made under the Act, if the deceased died after January…
The recent case, Stewart Estate v Stewart, 2025 ONCA 575, provides guidance on the test for a stay pending appeal. In Stewart, the deceased, William, executed a last will and testament (the “Will”) in 1989. William died five years later. He was survived by his wife, Edith, and their 13…
This blog post was written by: Alicia Mossington, Estate and Trust Consultant, Scotiatrust London Estate trustees in Ontario are entitled to be compensated for their work in administering the estate. Understanding estate trustee (“executor”) compensation is important whether you are an executor or are considering who to appoint for your…
Today’s blog was written by Douglas Buchmayer, partner with the Ottawa office of Gowling WLG (Canada) LLP, together with the assistance of our summer law student Stephanie Katajamaki. It would be rare to find an Ontario Will drafted by a lawyer that does not contain a Family Law Act, Net…
Transitions are not easy for anyone at any age. Reading the Saturday paper today, there were several articles on getting teens ready for campus life as they go off to university or college in a few weeks. Having experienced this in our own family, I scanned the articles based on…
Are you planning to leave real estate to a loved one under your Will? Do you want that property to be transferred free of debt or other claims? If you’re making a specific gift of your interest in freehold or leasehold property that is subject to a mortgage, as…
Section 35 of the Evidence Act, R.S.O. 1990, c. E.23 (“EA”) is often referred to as the “business records” exception to the rule against hearsay. That is because, under certain circumstances, section 35 of the EA allows business records (which are defined in section 35(1)) to be filed and admissible…