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When Majority Rules Is Not Enough: Childs v. Childs

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This blog post was co-authored by Latoya Brown, Associate, and Madison Milanczak, Student-at-Law, at Fasken LLP. Appointing multiple estate trustees requires more thought than simply choosing who will act. It also requires considering how decisions will be made when they disagree. A majority-rules clause may help, but it offers no solution to an evenly divided vote. In Childs v. Childs, 2026 ONSC 801, that gap, combined with longstanding family conflict,….

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Courts, Estate Administration, Estate Litigation, Estate Planning, Executors, Trustee, Trustee Disputes, Wills

MOVING TO A NEW JURISDICTION? DON’T FORGET ABOUT YOUR MARRIAGE CONTRACT!

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This blog has been written by Darren Lund, Partner, at Fasken LLP, Toronto For estate planners, when a client tells us that they are moving to another province or country, a number of planning issues immediately come to mind. What does the move mean for the client’s will and powers of attorney? How will the move impact an existing trust or corporate structure? And, of course, what are the tax….

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Estate Planning, Family Conflict, Practice Management, Wills

Family Business Succession: Beyond the Transfer of Shares

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This blog has been written by Pritika Deepak, Associate at Fasken LLP When family business owners think about succession planning, the focus is often on ownership. Who will inherit the shares? How should the business be structured? Can the transition be completed in a tax-efficient manner? These are important questions, but they address only part of the succession challenge. In many family businesses, the most valuable asset is not reflected….

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Business Succession Planning, Succession Planning

Estrangement and its Implications on Estate and Succession Planning

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By: Rahul Sharma, Partner, Fasken Martineau DuMoulin, Toronto An article in the Wall Street Journal published at the end of last month caught my eye.  The article, entitled: “Why Are So Many Adults Cutting Off Their Parents?” (Why Are So Many Adults Cutting Off Their Parents? – WSJ) explained that family estrangement is on the rise.  The article’s author, Elizabeth Bernstein, cites a 2020 book by sociologist Karl Pillemer entitled….

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Estate Planning, Family Conflict, Succession Planning

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
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