All About Estates

Some Things Are Not Forever!

Today’s blog was written by guest blogger, Giancarlo Mignardi, Articling Student at Fasken LLP. The rule against remoteness of vesting, more frequently referred to as the rule against perpetuities, is often viewed as one of the most notoriously difficult legal rules to apply. Its application presents such a challenge that,…

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A Taxing Decision for Estate Planners

This Blog was written by Mélina Konzak, Estate and Trust Consultant, Scotiatrust  Like most new case law delivered right before the holiday season, the decision rendered by the Superior Court judgment of The Estate of Caron v. Malenfant appeared at first to be swept under the rug. However being the controversial…

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Dueling Love Letters from the Grave

“The Naming of Cats is a difficult matter, It isn’t just one of your holiday games; You may think at first I’m as mad as a hatter When I tell you, a cat must have THREE DIFFERENT NAMES.” T.S. Eliot died in 1965. However, the great American/English poet has been…

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TOSI and the estate planning – pension splitting

The pension splitting exception will allow a spouse who is 65 years of age to split income with his or her spouse or common law partner if the split income would be an excluded amount of the spouse who is 65 years old. These deeming provisions provide an opportunity to…

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“Birds Do It, Bees Do It, Even Educated Fleas Do It, Let’s Fall In Love (Cole Porter)

With Valentine’s day behind us, romance and sex continue to be alive and well. The baby boomers are getting older and while 60 has become the new 40, and 75 the new 60, healthy sex continues to be a favorite topic. However it may still be a subject that is…

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What is it you guys do anyway?

Today’s blog is being brought to you by guest blogger, Betty Laidlaw, a law clerk in the Private Client Services group of Fasken LLP. When someone asks me what I do for a living and I answer, “I’m a law clerk”, I often get blank stares.  When I say “paralegal”,…

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“It’s Not Fair”

This blog was written by Isabelle Cadotte – Estate and Trust Consultant with Scotia Wealth Management If you have a child, you probably hear these words uttered ad nauseam. Whether it’s because little sis got to eat her grilled cheese sandwich with the crusts cut off or big bro gets…

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Clash of the Limitation Periods

The Limitations Act, 2002, SO 2002, c 24, Sch B, brought order and clarity to limitation periods in Ontario. However, the Limitations Act did not displace all existing limitation periods established by statute. The Limitations Act carves out several exceptions, including the Real Property Limitations Act, RSO 1990, c L.15…

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Revocation of Wills

In the recent case of Sokalski Estate (Re), 2019 ABQB 285, the deceased left two wills one in 2011 and the other 2017, without expressly revoking the earlier one. The estate applied to the Court for a determination regarding which document or documents form the deceased Mr. Sokalski’s last will….

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Loving Again After Loss

As we head into the month of February, I  look forward to longer days and more sun shine. This month also reminds us that Valentine’s Day is around the corner. It is hard enough to find true love and to find it for a second time (or third time), is…

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