All About Estates

How Much Should You Leave To Your Children And When?

This week, I had a great opportunity to sit down with Andy Jeffery, Vice President, Family Office Advisory, at Northwood Family Office,[1] to discuss a question frequently raised by clients; “How much should I leave my children and when?” Below we distill our discussion into five questions, providing you with…

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Estate Planning and the Indian Act

This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management   Estate planners and administrators must consider a variety of factors when assisting clients. We often speak about tax planning, insurance, and considerations for different types of assets including jurisdiction. We speak about residency for tax…

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The Cy-Près Doctrine: When Good Intentions Count For Something

The cy-près doctrine It is common practice to leave a gift to a charity in your will. However, the charity that the testator wished to support may not have been named properly in the will (leading to confusion about who was supposed to benefit from the funds), or may have…

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The Loneliness & Social Isolation Crisis – Critical Planning Considerations

The US Surgeon General made public health headlines in May, declaring that loneliness and social isolation carry the same critical health risks as smoking, obesity, and the opioid crisis. Isolation and loneliness are linked to declining mental health, such as higher rates of depression, anxiety, and suicidal thoughts. Physical health…

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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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