Today’s blog was written by Karen La Caprara, Counsel, at Fasken LLP. Like many modern families, the fictional Pritchett family in the series “Modern Family” has a variety of personalities, family dynamics and relationships, traditional and modern viewpoints. The many possible iterations and permutations of what makes a family…
Month: March 2025
Total 16 Posts
This blog post was written by Holly LeValliant, Estate and Trust Consultant, Scotiatrust Toronto If you do not have Powers of Attorney for Property and Personal Care, and it is necessary for someone to step into your shoes to make decisions about significant areas of your life, what happens? In…
In the recent decision of The Estate of Joan R. McAteer, deceased, 2025 ONSC 1197, the Court outlined an attorney for property’s fiduciary obligations to account to the beneficiaries of the incapable person’s estate upon their death. When John Joseph McAteer died, attorneys for property managed the assets of his…
In our last blog post, Lifestyle Changes Bring Increased Risk to Older Clients – Part1, we explored the need to rethink the planning paradigm for older clients and actively shift to assuming a 100-year lifespan. However, a 100-year lifespan does not necessarily equal 100 years of good health. We know…
Recently, the world learned of the passing of actor Gene Hackman and his wife, Betsy Arakawa in what appeared to very strange circumstances. Initially, there were concerns that their deaths may have been as a result of carbon monoxide poisoning. Autopsy reports have later revealed that this is not the…
This blog post was written by Melissa Plunkett, Director, Scotiatrust Over my almost twenty-five-year career in the trust industry, I have seen a lot of clients who have settled trusts for protection – protection of assets and protection of the beneficiary. Over the course of this past year, with all…
Generally, the validity of a last will and testament can be challenged on the basis of: (i) lack of testamentary capacity; (ii) undue influence; (iii) lack of knowledge and approval of the will; and/or (iv) fraud. While allegations relating to undue influence often go hand-in-hand with claims relating to lack…
Anna Chen, associate Gowling WLG (Canada) LLP The importance of a fiduciary (whether a trustee, an attorney for property or an estate trustee) to keep proper books of account cannot be understated. This is an obligation required of the fiduciary to prove he or she administered the trust, property or…
Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Managing and distributing household contents in an estate can be a daunting task, filled with both emotional and practical challenges. In this blog, we’ll explore the essential steps and considerations for handling household items in an estate, from…
A common misconception about donor advised funds is that they are trusts, charitable purpose trusts. At times, lawyers, especially those with expertise in trusts and estates, struggle with this distinction, as do donors. In 2023, this issue came to the forefront when Canadian charities briefly thought they might need to…