All About Estates

Emily Hubling

Total 17 Posts Website
Emily Hubling is an associate in the Trusts, Wills, Estates and Charities group at Fasken. Emily has experience in advising estate trustees in administering a range of complex estate matters, including intestacies, cross-border matters, and contested estates. Working closely with clients’ advisors, Emily prepares Wills, Powers of Attorney, and Trusts to assist clients in fulfilling their unique estate-planning objectives.

Difference Between a POA and an SDM

Written by Fatima Husnain, student-at-law at Fasken Martineau DuMoulin LLP Prior to law school, I worked in a hospital inpatient mental health unit. Many of the patients were unable to make their own health care decisions and relied upon other individuals to make decisions on their behalf. If anyone had…

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R.E.S.P.E.C.T…..the handwriting analysis?

The Aretha Franklin estate saga has taken another interesting turn this week, with a Michigan Probate Court making an order for a handwriting analyst to review one of her holograph Wills. As Lara Besharat explained in her detailed blog post on May 23rd, Aretha died in August of 2018, leaving…

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“Just in case anything happens while I’m away…”

It’s that time of year again for estate planners: the season of calls from clients about to leave for vacation, who realize that they haven’t updated their Will in years. These clients typically want to make sure they update their documents before departure, “just in case anything happens while I’m…

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When is “old enough”? Choosing an age for estate distributions

I often meet with clients who wish to have Wills prepared which provide for trusts for their children. After explaining the nature of a testamentary trust to the clients, I typically recommend that they select a set age that the child is to receive the capital (or the remainder thereof)…

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Budget 2019: A Change to the Estate Administration Tax

On April 11th, 2019, Ontario’s Ford government released its first budget. Of note to estates practitioners, as of January 1, 2020, Estate Administration Tax (commonly referred to as “probate fees”) will not be payable on the first $50,000.00 of an estate’s value. Currently, probate fees are levied at a rate…

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When Probate becomes an International Affair

Co-written by Jennifer Campbell, estate clerk at Fasken Recently, we have dealt with a number of “international” estates, where (i) probate has been issued in a foreign jurisdiction, (ii) an executor is resident of another country, or (iii) a Canadian deceased held property outside of Canada. These matters have caused…

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Seriously Delinquent: The IRS Can Have Your Passport Seized for Not Paying Taxes

Guest written by Demetre Vasilounis, Student-at-Law For those with assets in, or some other connection to, the United States, it is important to take note of the fact that the country’s Internal Revenue Service (IRS) has gained one more tool to enforce tax liabilities on taxpayers. That tool is the…

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New Year, New Estate Plan

It’s that time of year again – the holidays are coming to a close. As the festivities wind up, the new year brings a promise of renewal and a fresh start. Many people take the opportunity at this time of year to take stock of their lives, and their goals…

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Electronic Beneficiary Designations: an Interesting Change to the Pension Benefits Act

On November 15th, the Provincial Government released the Fall Economic Statement, and its accompanying implementation Bill. Bill 57, Restoring Trust, Transparency and Accountability Act, 2018,[1] contains 45 schedules, each relating to amendments to a different statute. Buried in Bill 57, in a single line of Schedule 33, is an interesting…

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The Advisor as Executor: Risks and Rewards Part 2

Last week, I discussed some of the risks for a professional advisor that may arise in the administration of the estate that are associated with the assets of the estate. This week’s blog considers risks which arise from the beneficiaries (or would-be beneficiaries) of the estate, as well as steps…

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