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Til Death (or a CPL) Do Us Part: Joint Tenancy Survives a Son’s Suspicion

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This blog has been written by Mohena Singh, Associate at Fasken A recent Ontario Superior Court decision, Giglione v. Giglione [1], is a useful reminder that disappointment does not always lead to a legal remedy when it comes to inheritance. In this case, the Deceased got re-married in March 2014 and executed a will three weeks later, dividing the residue 30 percent to his spouse and 70 percent among his….

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Family Conflict, Joint Tenancy, Property

When a Liquidator Moves In: Conflict of Interest in Quebec Estate Administration

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This post has been written by Pierre-Paul Persico, Partner, at Fasken LLP A liquidator who is also a beneficiary and continues occupying the deceased’s home does not, by itself, breach the duty owed to the estate. But the moment that occupation is formalized through a self-dealing transaction, made without beneficiary consultation or court authorization, the conflict becomes concrete and can, on its own, justify removal, regardless of whether other aspects….

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Courts, Estate Administration, Estate Litigation, Family Conflict

Buying Property Abroad? Consider these Estate Planning Issues First

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This blog has been written by Pritika Deepak, Associate at Fasken LLP Many Canadians dream of owning property abroad and many already do. Whether it is a winter retreat in Florida, a villa in France, or a retirement home in Costa Rica, purchasing foreign real estate can be an exciting milestone. However, foreign property often introduces estate planning considerations that are overlooked until it is too late. Before completing the….

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Estate Administration, Estate Administration and Probate Applications, Estate Planning, International, Power of Attorney, Probate Tax, Property, Real Estate, Succession Planning, Tax Issues, Testamentary Capacity, Uncategorized, Wills

When Chattels Breathe: The Challenge of Inheriting Horses

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This blog has been written by Caroline Caron, Law Clerk at Fasken LLP At first glance, inheriting a horse may seem no different from inheriting any other personal asset. In law, that is partly true: a horse is generally classified as a chattel, a form of tangible personal property, much like a vehicle or piece of artwork. However, this classification quickly reveals its limits. Unlike most chattels, horses are living….

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Estate Administration, Estate Administration and Probate Applications

Hidden Risks of a Do-It-Yourself Codicil: Schickedanz v. Schickedanz

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This blog was co-authored by Latoya Brown, Associate and Elyse Mitchell, Student-at-Law at Fasken LLP Holograph wills and codicils are often viewed as a simple and inexpensive way to record testamentary wishes. In Ontario, a holograph will or codicil is valid if it is entirely in the testator’s handwriting and signed by the testator. That simplicity often makes holograph documents attractive. The recent Ontario Court of Appeal decision, Schickedanz v. Schickedanz,….

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Estate Administration, Estate Litigation, Family Conflict, Farm, Undue influence

The Substance Rule: Lang-Newlands v Newlands

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This blog has been written by Darren Lund, Partner at Fasken LLP I previously blogged about the trial level decision Newlands: A New Interpretation of Estate Freezes in the Family Courts? and a subsequent motion Newlands Revisited: Moving to the Appeal in Lang-Newlands v. Newlands, a family law case that dealt extensively with equalization claims in the context of intergenerational wealth planning involving multiple estate freeze transactions. The Ontario Court of Appeal….

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Family Conflict, Separation, Succession Planning, Trusts, Uncategorized
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