Whose Trust Is It Anyway?

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I’ve had several conversations with clients lately about trusts that have given me pause. Some of these discussions have started with a client pulling out a trust deed that was settled years ago, and explaining that circumstances have changed. Family dynamics have shifted and a beneficiary has become estranged, or an excluded family member has come back into the fold. Other times a beneficiary’s circumstances have changed, such that the….

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Estate Planning, Succession Planning, Trusts

Chuck Norris Doesn’t Go Through Probate. Probate Goes Through Chuck Norris.

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Scotiatrust

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust  Who owns the name, the face, and the fake facts now. Chuck Norris doesn’t make a Will. He informs his estate what will happen, and it happens. That was the joke, anyway. The Chuck Norris facts began in the summer of 2005 on a website run by Ian Spector, with the “facts” submitted by visitors, and for twenty years….

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Estate Planning, Property, United States

WHEN A WILL IS DRAFTED AFTER DEATH: LESSONS FROM HENRIKSEN ESTATE

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What happens when a person dies before their will is signed, but their lawyer has already been given clear instructions about what that will was supposed to say? Can a court step in after death and give effect to the deceased’s wishes? The recent decision in Henriksen Estate (Re), 2026 BCSC 1058 raises this unusual question and offers an interesting point of comparison for Ontario practitioners.   A WILL THAT….

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Contested wills, Estate Planning, Uncategorized, Wills

Smart Ageing, Smart Estates Podcast, Episode 2: A Will Is a Starting Point

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SMART AGEING, SMART ESTATES continues with a discussion about wills, estate planning and the broader considerations that shape a comprehensive estate plan. The podcast connects legal planning, financial planning, and ageing considerations into a single planning framework. The podcast is co-hosted by Justin de Vries, founder of All About Estates and principal of de VRIES LITIGATION LLP, together with Susan Hyatt, Chair, CEO and Co-Founder of Silver Sherpa Inc. Estate….

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Estate Planning, Podcast, Wills

Til Death (or a CPL) Do Us Part: Joint Tenancy Survives a Son’s Suspicion

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This blog has been written by Mohena Singh, Associate at Fasken A recent Ontario Superior Court decision, Giglione v. Giglione [1], is a useful reminder that disappointment does not always lead to a legal remedy when it comes to inheritance. In this case, the Deceased got re-married in March 2014 and executed a will three weeks later, dividing the residue 30 percent to his spouse and 70 percent among his….

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Family Conflict, Joint Tenancy, Property

Save the Cheerleader

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Scotiatrust

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust    The most famous sentence of Hayden Panettiere’s career was an instruction to protect a girl. Save the cheerleader, save the world. She was the cheerleader, Claire Bennet, and what protecting her actually looked like over four seasons of Heroes was not the heroics you would expect. It was a middle-aged man in horn-rimmed glasses, not her biological father,….

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Estate Planning, Guardianship
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