All About Estates

Marriage Contracts Are Cross-Border Issues Too!

This blog has been written by Darren Lund, partner at Fasken LLP Cross-border estate planning is undoubtedly a complex affair. When clients have assets in a foreign jurisdiction[1], are resident or have citizenship in a foreign jurisdiction, or wish to benefit individuals who are resident in a foreign jurisdiction, planners…

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A Reminder of the Importance of a Cy-Près Clause

As an estate planning professional, philanthropy is a great tool in your toolkit. However, if your client intends to incorporate philanthropy into their estate plan, the importance of including a cy‑près clause in their Will cannot be understated. If there is no cy‑près clause in the Will and the charity…

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The New Canadian Entrepreneurs’ Incentive and Your Succession Plan

Donya Ashnaei articling student and Maddi Thomas, associate, Gowling WLG (Canada) LLP Introduction Following a year marked by low GDP growth, high inflation, and rising interest rates, the federal government unveiled several proposed measures in Budget 2024, including an increase in the capital gains inclusion rate from 50% to 66.67%…

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Can a wish create a legal obligation?

This blog post was written by Mohena Singh, Associate at Fasken LLP. When preparing your estate plan, an important distinction must be made between what you direct your trustees to do with your estate assets and what you wish for them to do. In the case of Landry v. Christiansen-Hasset…

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Financial Fraud Against Older People: what are banks doing about it?

“Your credit card starting with 4567 has been locked due to suspicious activity.  To restore access to your account, please verify your information using the link below.”  Older people are 33% more likely to lose money in a scam than any other age group, according to Elder Abuse Prevention Ontario,…

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Don’t Take It For Granted: Court has Inherent Jurisdiction to Refuse Grant of Probate

The court has an inherent jurisdiction to refuse an appointment of an estate trustee even where the application is unopposed.  This inherent jurisdiction was affirmed by the Ontario Court of Appeal in James Estate (Re), 2024 ONCA 623, when it upheld the lower court’s decision to refuse an application for…

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U.S. Filing Requirements for Canadian POAs, Joint Accounts, and Bare Trusts

This article is written by Nicole Ewing, Director, Tax & Estate Planning, TD Wealth Whether it’s a Power of Attorney (POA) for Property document, a joint account, or a bare trust relationship, if a U.S. person’s involved, things can get complicated quickly. Canadians without U.S. ties can find themselves and their…

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Why Snowbirds Need An International Lifestyle and Care Plan

Earlier this month, one of my fellow bloggers, Derek Hambly from Scotiatrust, wrote about the necessity of an international estate plan and the strategy of using separate wills for property or assets in another country. As part of a holistic Estate Plan, if you spend considerable time outside Canada, it’s…

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The Ultimate Paper Anniversary Gift: Why a Will Is an Act of Love

Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. This past Tuesday, October 15th, marked a significant milestone for me an my husband – one whole year of marital bliss! With the traditional first-anniversary gift being paper, I found myself thinking about a particularly profound paper: a…

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Donor Recognition in the Commons

Here’s a charity trade secret.  One of the best products in a fundraiser’s toolkit is “donor recognition”, in particular naming a piece of real estate.  Recognition is effective in inspiring donors, and for some, but not all, an important part of charitable giving.  However, donor recognition sometimes produces a backlash…

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