All About Estates

Loosening Standards for Charitable Property

A crisis may change long-held views.  In reaction to the devastating economic effect of COVID-19 a couple of regulators have loosened their rules related to two different types of charitable property.  Will these changes be temporary or will they lead to long-term change?  And what effect does it have on…

Continue Reading

COVID-19 update: Government Works to Fix Potential Limitation Period Problem

In order to respond to the COVID-19 pandemic, the government suspended limitation periods and other statutory between March and September. However, due to concerns about the manner in which the suspension was lifted, the government is currently seeking a declaration that the limitation period was, in fact, validly suspended during…

Continue Reading

The First of the Firsts

Everything is different since Covid began and the activities we used to take for granted are now being sorely missed. Family celebrations are so important and there were many that could not be celebrated together. This past Thanksgiving’s meal, for example, was enjoyed as a take out dinner instead of…

Continue Reading

Probate Points to Remember – A.K.A. Names and More

As I have prepared applications for certificates of appointment of estate trustee (“Probate Applications”) over the years, I have kept a list that I call “Probate Points to Remember”.  The purpose of this list is to remind me of how I have handled certain practical matters on Probate Applications.  In…

Continue Reading

Personality Rights…From Beyond the Grave!

Who owns the rights to a celebrity’s image after death? Do these rights pass automatically to the celebrity’s estate? How are these rights protected?

Continue Reading

Estate planning and TOSI – Part II

In my previous blog, Estate planning and TOSI Part I, I introduced the concept of the tax on split income (TOSI) continuity rules which are extremely important when estate planning.  The objective of the continuity rules is to afford the beneficiary, who would not have an excluded amount of their…

Continue Reading

Welcome Changes in the Filing of Probate Applications

I would like to thank the estates law clerks in the Private Client Services group of Fasken for their contributions to this blog. This week, Attorney General Doug Downey (perhaps in the spirit of Thanksgiving) hinted at upcoming changes in the area of estates that would “manage the estate process…

Continue Reading

The Airing of Grievances

Thanksgiving 2020 is a time for gratitude and togetherness. It’s a time for us to reflect on the craziness of these past 8 months and to appreciate the things that we have. For others, it’s a time to gather your family around and tell them all the ways they have…

Continue Reading

What Makes a Marriage?

Each province in Canada establishes its own rules regarding the distribution of property where a person dies without a will. In Ontario, intestate succession is governed by Part II of the Succession Law Reform Act (the “SLRA”). Inheritance on intestacy is limited to married spouses and blood relations. If a…

Continue Reading

National Seniors Day

National Seniors Day was celebrated on October 1, 2020.  I am not sure ‘celebrated’ is the right word.  Most of us don’t feel like celebrating these days and should we be so inclined- we are significantly restricted.  My wonderful client turned 101 in September and the only celebrants was the…

Continue Reading