This blog post was written by: Mario Gravel, Estate and Trust Consultant, Scotiatrust Ottawa Allow me to share a story of a client interaction with you. Dear client, do you know how important it is to have a proper legal Will? Yes. Check. You also know about the peace of mind…
In the recent case of Buffa v. Giacomelli, the court was asked to determine if large gifts the Deceased made to her Daughter from jointly held accounts were valid inter vivos gifts and if the Daughter had rebutted the presumption of a resulting trust with respect to the funds held…
It comes as a surprise to many Canadians to learn their estate may be subject to U.S. estate tax. Indeed, the U.S. estate tax regime is broad and complex and misunderstood by many Canadians. This article will provide a summary overview of its application to Canadian and how to minimize…
Today’s blog was written by Karen La Caprara, Counsel, at Fasken LLP. Pour-over clauses in wills are a staple in U.S. estate planning, used to direct estate assets into an existing trust. But in Ontario and British Columbia, these clauses can lead to invalid testamentary gifts, intestacy, and costly…
This blog post was written by: Rafia Babar, Associate Estate and Trust Consultant, Scotiatrust Calgary Legacy planning is not the same for every family. It is especially unique for South Asian families as it often intertwines with cultural norms, religious beliefs and deeply rooted family dynamics that differ from…
Those in the estates bar know that it is a very high test to remove an estate trustee. Courts do not lightly interfere with a testator’s choice. However, where an estate trustee is in a conflict of interest and acts in a manner that puts the proper management of the…
While most of us prefer to avoid the hospital, there may be times when we require acute hospital care. In Canada, we have basic insured health care coverage, which covers the cost of an acute hospital stay. However, discharge home from the hospital, especially with complex care needs, can be…
This blog has been written by Darren Lund, Partner at Fasken LLP. In several of my previous blogs, I have written about marriage contracts, and why they are an important element of estate planning. From a substantive perspective, there are many reasons why these agreements are relevant and may…
Every few hundred years charitable endowments come under attack. The Trump administration has imposed tax on the investment income of private foundations of up to 10%, up from 1.39%, as part of the “One Big Beautiful Bill Act”. A similar bill, the Endowment Tax Fairness Act, seeks to Impose 21%…
It can be frustrating when, at the end of lengthy, hard fought litigation with an even longer record a court hands down a short decision less than a page long. The parties will scrutinize the decision, reading each line of the judge’s reasons over and over again. After repeating this…