October 2022

Charities Lawyers Don’t Recommend

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I recently spoke to an estate lawyer who told me she would never recommend certain charities to clients. Why?  Because of the way these charities treated estate trustees. Some charities are unduly litigious, grind on fees, and are obstreperous about releases. It’s not the first time I’ve heard this comment from estate professionals – and some traumatized lay executors and family members. Sympathy for Charities It’s hard to evaluate the….

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Estate Administration, Estate Donations, Philanthropy/Charitable Giving, Uncategorized

You Wear the Executor Hat First

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It’s not easy being an Estate Trustee and a beneficiary. However, an Estate Trustee must be ever mindful that she wears the executor “hat” first. In other words, the duties an Estate Trustee owes to the beneficiaries must come before the Estate Trustee’s own interests. Otherwise an Estate Trustee will be at risk of breaching her fiduciary duties and, at the end of the day, may not be entitled to….

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Compensation, Estate Administration, Trustee Compensation

More than the estate you leave behind

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This blog was written by Justin Ecclestone, Estate and Trust Consultant with Scotia Wealth Management  In the estate planning world we come across people from many different walks of life with unique stories. I have noticed that clients tend to focus all their attention on the will while the powers of attorney are often an after thought. A strong estate plan is much more than an updated will. Having a….

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Uncategorized

Now Updating…Do Not Give Up Before All Revisions Are Complete

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Today’s blog was written by Sandra Arsenault, Law Clerk at Fasken LLP, in collaboration with Jessica Butler, Law Clerk at Fasken LLP. As we move into fall and the corresponding back to school (or office) routines, we in estates administration have a further revision to our primary “textbook.”  The latest update to the CSD Estates Procedures Manual (the “Manual”)[i] is now available. This Manual, which used to be published once….

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Estate Administration, Estate Administration and Probate Applications, Executors

Intestacy and Removing an Estate Trustee

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In Letourneau v Summers, the court examined the factors required to remove an estate trustee when there is an intestacy. The Applicant was the 82-year-old mother of the Deceased. She was the sole beneficiary of the Deceased’s Estate.  The Respondent was the Deceased’s brother and the Applicant’s son. The Respondent’s appointment as the estate trustee without a will was originally on consent but the Applicant quickly became disillusioned with her son’s administration….

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Estate Administration, Estate Litigation

LEAVING A LEGACY FOR YOUR CHILDREN: SHIFTING PRIORITIES OVER TIME

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This Blog was written by Emily Racine, Estate and Trust Consultant with Scotia Wealth Management  As an estate planner, I can divide the people that I see into two types of clients – clients who want to spend all their money before they die and clients whose major concern is structuring and maximizing the transfer of wealth to the next generation. For the first type of client, I always jokingly….

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Estate Planning, Uncategorized
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