All About Estates

Month: June 2023

Total 18 Posts

Ontario Courts determine what constitutes a valid will

This blog has been written by Mohena Singh, Associate at Fasken LLP In Ontario, there have always been strict and specific guidelines as to what makes a will a testamentary document. The Succession Law Reform Act, R.S.O. 1990, c. S.26 (the “SLRA”) states that a will is valid only if…

Continue Reading

The Defence calls Ed Sheeran

*There are 22 Ed Sheeran song references in this blog. How many can you find?* The key to winning any court case? Sing. You’ll make the judge swoon. If you are acting as the executor for the estate of an artist, intellectual property is likely your most valuable asset. Some…

Continue Reading

Gone. Now what?

Under the Declaration of Death Act, the court will make the order declaring that an individual has died if the individual disappeared in circumstances of peril or the individual has been absent for seven years.

Continue Reading

Monday, Monday……

While Toronto is voting for a new mayor today, I thought I would highlight some issues that are front and centre for me.  They don’t appear to be in anyone’s election campaign but regardless, they are very important to those of us are interested in supporting aging Canadians.  Solo seniors:…

Continue Reading

Gifting 101 – Ademption and Abatement

Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. The world of wills and estates is a complex one, and it can be easy to lose sight of the bigger picture.  A refresh of keystone practice elements can help remind us to see the forest through…

Continue Reading

“Hypothetical and Premature”: Challenge of Will, POAs, and Trust While Grantor Alive and Capable

A few months ago the Ontario Court of Appeal released its decision in Palichuk v. Palichuk, 2023 ONCA 116 (CanLII) (“Palichuk”) which upheld the decision of the applications judge. The applications judge dismissed a guardianship application and awarded costs against the appellant. The appellant sought guardianship of her mom and…

Continue Reading

Leveraging the Longevity Dividend – in an Ageing Canada

We are in the midst of a longevity revolution where people live longer and healthier lives. Economists in the US and UK have written about the longevity dividend or the benefits we could realize with this significant societal shift. Canadian institutions such as governments, corporations, and academics are starting to…

Continue Reading

Personal Effects – to Bequest or not to Bequest

Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP. As I’m sure many of us know, it can be very easy to accumulate “things” over the years, and sometimes we really only discover how much we actually have during a move, or when cleaning out the contents…

Continue Reading

The Perpetual Debate over Endowments

  Charitable endowments are having a challenging moment.  Despite the historical success of this medieval European charitable fund structure, the accumulation of capital for public benefit has always faced controversy.  Endowments, which focus on long-term public benefit, have a built-in tension between capital and annual spending.  Does the capital exist…

Continue Reading

Court Awards Punitive Damages Against a Former Estate Trustee

In a recent decision, the court awarded punitive damages against a former estate trustee who had ignored a number of court orders requiring her to account. In 2002, the estate trustee (“Lorali”) was appointed a co-estate trustee of her late mother’s estate (the “Deceased“). Subsequently, her co-estate trustee died in 2013,…

Continue Reading