All About Estates

Real Estate in Estate Planning: Tax Consequences

Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Many Canadians hold a large share of their wealth in personally-owned real estate and consider it to be a critical part of their wealth-building strategy. Donald Sutherland, the well known Canadian actor who passed away in June of…

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Dependant and non-dependant beneficiaries

One kind of claim that estate litigators often bring against an estate is a claim for dependant’s support. These claims are made pursuant to Part V of the Succession Law Reform Act, R.S.O. 1990, c. S.26 (the “SLRA”), and are commenced by way of application. The core of such a…

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Removing and Replacing An Incapable Estate Trustee

Andrew Coates, Associate, Gowling WLG (Canada) LLP Betty Laidlaw contributed an informative two-part series in 2023 regarding “What Happens If Something Happens to Your Executor?” In the second part, Betty explained the process for the alternate executor named in a Will making an application for a Certificate of Appointment of…

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Smart Ageing: Lessons from the Business World

Ageing is a hot topic in the news this summer as the US presidential campaign ramps up. Our family was in town for the Fourth of July holiday, and invariably, the conversation turned to aging, working, and when to retire. With people living longer and in good health, many people…

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Planning for Cottage Season

Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP With the summer months now here, we enter into another cottage season – a time for family and friends to gather, make new memories and relax and unwind. For many, cottages hold significant sentimental value. They are a…

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Resulting Trusts Strike Again!

The recent case of Zapata v Zapata, 2024 ONSC 3677 (CanLII) provides a useful refresher on the doctrine of resulting trust. In Zapata, the applicant sought a declaration that she was entitled to the proceeds of sale of a house in Toronto. The house was previously owned by the applicant…

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The Buy-Sell Agreement At Death

Estate and corporate advisors often suggest to shareholders to enter into a shareholders’ agreement. The shareholders’ agreement is essentially a contract where the shareholders plan in advance for certain contingencies or future events for which they are in agreement as to the outcome. Essentially, the shareholders’ agreement governs the shareholders’…

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YOU ARE HIRED…WAIT, DID I EVEN APPLY?

This blog has been written by Sandra Arsenault, Law Clerk at Fasken Martineau DuMoulin LLP No, you likely did not. Most people don’t apply to become an executor of an estate. An executor is responsible for administering the estate of a deceased person from the date of death until all…

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Make it a habit: Searching title for real property when doing estate planning

Today’s blog was written by Kelsey Buchmayer, associate with the Ottawa office of Gowling WLG (Canada) LLP There are several benefits to searching title for your client’s real property when initiating their estate planning. For instance, you can confirm title is held as your client understands it to be and…

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Insights into Resolving Care Disputes – POAs for Personal Care – Part 3

On June 20, 2024, I attended the annual Ontario Bar Association’s Elder Law Day, where several informative presentations noted the rise in personal care disputes. Speakers also explored approaches that lawyers might consider to manage these disputes. The presentations triggered me to write about common issues we see related to…

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