All About Estates

Lack of Financial Disclosure Comes at a Significant Financial Cost

Today’s Blog Post was written by Gabrielle Arbic-Lloyd, Student-at-Law at Fasken LLP In February, the Ontario Court of Appeal ordered one spouse to pay the other more than one million dollars in costs in addition to spousal and child support. So what motivated the Court to order this spouse to…

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POWERS OF ATTORNEY FOR CARE – THE SOFTER SIDE OF ESTATE PLANNING

This Blog was written by Emily Racine, Estate and Trust Consultant with Scotia Wealth Management  Many of my estate planning conversations revolve around what I call the “hard topics” – such as, how do I save on taxes? Should I avoid probate? Do my children need a trust? However, one…

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The Continuing Importance of the Presumption of Due Execution

Where the evidence establishes that the testator executed the will in accordance with the requisite formalities (e.g., signed in the presence of two witnesses), a rebuttable presumption arises that the testator knew and approved the contents of the will.

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The Life and Legacy of Gina Lollobrigida – An Estates Perspective

Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. Italian cinema legend Gina Lollobrigida passed away at the age of 95 in January 2023.  Known by fans as ‘La Lollo’, she starred in over 60 films which included the likes of Frank Sinatra and Sean Connery….

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Facts, Mistakes, and Probate

Today’s blog was written by Christopher Cook, Student-At-Law at de VRIES LITIGATION LLP In some common law jurisdictions, there exists a fascinating (but rarely applied) legal doctrine called “patent mistake.” This doctrine applies in the context of applications for probate. When asked to probate a will, the court’s task is…

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HOW TO TRANSFER SHAREHOLDINGS HELD IN PAPER FORM OR THE DIRECT REGISTRATION SYSTEM WHEN ADMINISTERING AN ESTATE

Going through the records of a deceased person is an important task for the executor and can be a huge undertaking, particularly when the individual held on to everything. Sometimes, a search of the deceased’s records reveals surprising new assets. What should an executor do when they discover evidence that…

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Charitable purposes and estate donations

Estate planning is an exercise in time travel.  It is impossible to predict the future, especially when the time gap between planning and death is often decades.  Fast forward 25 years, a charity may not exist when the estate is distributed. Charity law identified this problem and a solution to it over…

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Gefen Estate v. Gefen

The Ontario Court of Appeal (“ONCA”) decision in Gefen Estate v. Gefen is an interesting read which provides insight into a variety of topics including mutual wills and mutual will agreements, secret trusts, the doctrine of unconscionable procurement, and more! By way of background, Elias and Henia Gefen were married…

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Intergenerational business transfers

Since the introduction of the draft legislation for intergenerational business transfers (IBT) on March 28, 2023, the National tax services team at Baker Tilly Canada has reviewed the IBT rules in detail.  For a convenient summary of the proposed IBT rules, please refer to the following document prepared by the…

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Loneliness And Social Isolation Declared a Public Health Crisis

US Surgeon General Vivek Murthy made headlines last week by declaring an “epidemic of loneliness.” He warned that loneliness is associated with “a greater risk of cardiovascular disease, dementia, stroke, depression, anxiety, and premature death.” This statement is the first time a Surgeon General has used their national advocacy platform…

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