Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP. With the colder months approaching, it’s the time of year when people start considering (or re-considering) their estate plan. But when it comes time to sit down and make a Will, people can often become overwhelmed by the…
A Will in every Port The laws of succession, probate, and property differ from country to country, state to state and jurisdiction to jurisdiction. As such, a prudent testator should consider having a Will in every jurisdiction where they own property. Certainly, there are methods by which a domestic Will…
A recent case confirmed that estate trustees representing an estate in litigation must have a lawyer unless the court dispenses with that requirement. In Scarangella v. Oakville Trafalgar Memorial Hospital, Ms. Scarangella commenced a medical negligence action as a claimant under the Family Law Act and as the estate trustee…
One of the responsibilities of an executor is to deal with the final tax return of the deceased and file the tax returns for the estate. Most tax deadlines are statutory (established in the Income Tax Act) therefore, they are non-negotiable. The executor should consult a tax advisor early to…
Crisp, cool mornings and warm afternoons mean Autumn is here. Rosh Hashanah began last week, and Thanksgiving weekend is coming soon. It’s a time for friends and family to give thanks. It’s also the perfect time for families with older adults to consider pressing ‘The Plan Button.’ It could be…
This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP. A Season of Beginnings, Endings, and Books As the leaves change and the weather cools, I imagine curling up in a cozy spot with a hot beverage and a new book. Autumn is when we salute the…
Using “dual wills” as part of an estate plan is a well-established and frequently used strategy in Ontario and across Canada. This involves the execution of two wills. A Primary Will that deals with estate assets which cannot be distributed to a testator’s beneficiaries without a Certificate of Appointment of…
*This blog post was written by Ruth Paul, articling student at de VRIES LITIGATION LLP* With over 80% of Canadian households subscribing to at least one streaming service, internet-based streaming platforms are becoming the preferred way to consume video media. The variety of content and the on-demand nature of streaming…
Irina Samborski, associate and Nina Fainman-Adelman, consultant, Gowling WLG (Canada) LLP Introduction The recent Ontario Superior Court decision, The Estate of William Robert Waters v Gillian Henry et al, 2024 ONSC 4190 (CanLII) (“Waters”) highlighted the importance of medical evidence in estate litigation. In that case, Justice Callaghan relied on…