All About Estates

Month: March 2020

Total 19 Posts

Leaving a Lasting Impression and Making a Difference

Today’s blog is being brought to you by guest blogger, Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. When a celebrity dies, outside of the cause of death, it seems the first thing that is reported is what their net worth was at the…

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Dancing with the Dead

This blog was written by Aathiya Bala, Associate Estate and Trust Consultant with Scotia Wealth Management   If you had the chance to see your favourite artist perform in concert after they passed away, would you attend? For many Whitney Houston fans, this is now a legitimate question to ask…

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Actions Have Consequences – They May Sever Joint Tenancy

Leaving aside other means of severance, including that which occurs on bankruptcy or by judicial sale, there are three main ways to sever a joint tenancy: Unilaterally acting on one’s own share, such as selling or encumbering it; A mutual agreement between the co-owners to sever the joint tenancy; and…

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Clearance Certificates

An executor, as the legal representative of the estate, is required to obtain a clearance certificate before distributing property that they control. Where the executor fails to obtain a clearance certificate, they are liable for any unpaid amounts in respect of any property distributed. Some will argue that not every…

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Happy Monday & Yes We Have More Sunshine!

International Women’s Day was yesterday and my first acknowledgement in today’s blog is to women.   Women are the nurturers who provide the majority of unpaid care to their own family members and they are also the majority of poorly paid carers who look after others.  Women live longer than men…

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Estates Law and Privacy Law: An Incomplete Intersection (Part II)

This is the second entry in a three-part blog series about the current state of estates law vis-à-vis privacy law. Part I focused on the relevant federal and provincial privacy legislation. Part II will examine significant court decisions relating to this area. Part III will look at solutions for lawyers…

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Enduring POAs and Gathering Bank Accounts

This blog was written by Suzanne Singh A Power of Attorney is a document that can bestow a wide range of powers to a named party or parties (the Attorney) by an individual (the Donor). POAs may be special or limited in their scope, or enduring in nature where they…

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Hidden Fees – A Breach of Trust

Registered accounts are often set up as express trust accounts, with the bank acting as trustee and the account holder as beneficiary. In these cases, banks are subject to all the same fiduciary duties and responsibilities that apply to all trustees – meaning they cannot charge hidden fees.

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As I sat down to write today’s blog, it seems that the topic that is on many people’s mind is the coronavirus or Covid 19. As some of you may know, I often write/present about being better prepared and understanding options in advance is my preferred message. So I thought…

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