Suspicious Circumstances in Power of Attorney Disputes

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Malcolm Burrows

I recently presented at the 29th LSO Estates and Trusts Summit (October 20, 2026) on the topic of suspicious circumstances in power of attorney disputes, along with my co-panelist, Shalom Cumbo-Steinmetz. Below are some of the key take-aways from the presentation. The doctrine of suspicious circumstances is traditionally associated with will challenges; however, the doctrine transcends into other areas of estates law, and specifically, to power of attorney disputes. Across….

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Capacity Law, Courts, Estate Litigation, Family Conflict, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Uncategorized, Undue influence

When Majority Rules Is Not Enough: Childs v. Childs

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This blog post was co-authored by Latoya Brown, Associate, and Madison Milanczak, Student-at-Law, at Fasken LLP. Appointing multiple estate trustees requires more thought than simply choosing who will act. It also requires considering how decisions will be made when they disagree. A majority-rules clause may help, but it offers no solution to an evenly divided vote. In Childs v. Childs, 2026 ONSC 801, that gap, combined with longstanding family conflict,….

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Courts, Estate Administration, Estate Litigation, Estate Planning, Executors, Trustee, Trustee Disputes, Wills

The Canadian Judicial Council Releases Guidelines on Artificial Intelligence

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Regardless of opinions, feelings, or fears, AI is here and legal practitioners need to adapt our systems accordingly. The use of AI in the practice of law presents opportunities but also challenges. The same is true for the courts. This has been recognized by the Canadian Judicial Council (the “CJC”), which is the national body that oversees federally appointed judges in Canada. Last month, the CJC released a report titled….

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Uncategorized

Canadian Trust Filing a California Tax Return?

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Scotiatrust

Canadian trustees may be surprised to learn the Canadian trust they are administering may nevertheless become subject to California income tax. This is because under the California Revenue and Taxation Code section 17742, a Canadian trust’s income may be subject to California income tax in certain circumstances, including where a beneficiary has a non-contingent interest and is a California resident. Indeed, California’s treatment of out-of-state trusts based solely on a….

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Trustee, Trusts, US Taxes

Snowbirds and Smart Travel Plans

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It’s that time of year again. Listening to the jazz classic Autumn Leaves by Nat King Cole and watching those autumn leaves of red and gold drift by my window, I’m thinking about the thousands of Canadian snowbirds finalizing their travel plans. If you have older people in your family who like to winter in sunnier climates, have a conversation about some of the key items they should have in….

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Smart Ageing

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
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