MOVING TO A NEW JURISDICTION? DON’T FORGET ABOUT YOUR MARRIAGE CONTRACT!

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This blog has been written by Darren Lund, Partner, at Fasken LLP, Toronto For estate planners, when a client tells us that they are moving to another province or country, a number of planning issues immediately come to mind. What does the move mean for the client’s will and powers of attorney? How will the move impact an existing trust or corporate structure? And, of course, what are the tax….

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Estate Planning, Family Conflict, Practice Management, Wills

The Florida Condo

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Scotiatrust

This blog post was written by: Derek Hambly, Estate and Trust Consultant, Scotiatrust London When it comes to estate planning, there are a number of assets that ring an alarm bell. The “family cottage” is a big one, and I have written a few articles about dealing with family cottages. Another is the “Florida condo”, and this type of asset has come up many times in recent years as more….

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Estate Administration and Probate Applications, Estate Planning, Real Estate, United States, Wills

Ontario Court of Appeal Finds that Two-Year Limitation Period Applies to Estate Property Claims

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In Thiessen v. Thiessen Estate, the Court of Appeal confirmed that the Trustee Act’s two-year limitation period governs all claims against estates arising from the deceased’s actions, even when those claims involve real property (with limited statutory exceptions). Background The Plaintiff/Respondent was the husband of the Deceased.  The Husband and the Deceased were married in 2014.  Before they were married, each owned their own home. They decided that, after marrying,….

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Estate Litigation

The Hidden Work Behind a Probate Application

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Does anyone know the current processing time for probate applications in                 ? Fill in the blank with the Ontario court location of your choice – it is a question that comes up frequently in our network of estates law clerks. So I was interested when I saw two recent articles in The Globe and Mail: “Even with a will, probate wait times can be all over the map” and….

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Estate Administration, Estate Administration and Probate Applications, Executors, Wills

The Modern Scholarship Foundation

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Independent post-secondary scholarships are one of the biggest new trends in philanthropy – and one of the oldest structures.  Ever since education became a core charitable purpose, providing students with access through financial aid has been a widespread charitable activity.  Educational institutions have thousands of endowed scholarships, many of them that attract estate donations. What’s different now? New Players The difference is the emergence of independent scholarship foundations.  Let me….

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Philanthropy/Charitable Giving

Appointing a Litigation Administrator for an Estate

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Where a party involved in litigation dies before it has resolved, it can create uncertainty as to who will continue to represent that person’s estate in the litigation. In the absence of a Will and a named estate trustee, the Court may appoint a litigation administrator if it is appropriate in the circumstances. In Azzi v. Kelly, 2026 ONSC 5774, such a situation was before the Court. The defendant passed….

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Estate Litigation
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