Today’s blog is being brought to you by guest blogger, Tracy Parkinson, law clerk in the Private Client Services group of Fasken LLP. Thinking now back to what life was like a year ago, I’d say that we were living “footloose and fancy free” although it might not have felt…
Today’s blog is being brought to you by guest blogger, Krista Brown, a law clerk in the Private Client Services group of Fasken LLP. The year 2020 has proven to be quite challenging thus far. It is a test and a reminder of the importance of our job as estate…
Today’s blog was written by guest blogger, Giancarlo Mignardi, Articling Student at Fasken LLP. The rule against remoteness of vesting, more frequently referred to as the rule against perpetuities, is often viewed as one of the most notoriously difficult legal rules to apply. Its application presents such a challenge that,…
Today’s blog is written by guest bloggers, Krista Brown and Tracy Parkinson, law clerks in the Private Client Services group of Fasken LLP. As estate law professionals, when we hear the words “possibly insolvent estate” most of us immediately see a giant STOP sign. A named estate trustee in a…
This article was first published in STEP Insider. Historically, individuals have taken comfort in the knowledge that their last will and testament is a statement of their final wishes for the disposition of their accumulated wealth. However, in the face of increasing wills litigation and fees payable in connection with…
Guest written by Giancarlo Mignardi, Student-at-Law at Fasken Martineau DuMoulin LLP When we think about testamentary gifts, we typically think of outright gifts, and testamentary trusts, both of which are typically set out in the terms of a Will. However, there is another, lesser-known option: the secret (and semi-secret) trust….
This blog post is co-written with Fatima Husnain, student-at-law at Fasken Martineau DuMoulin LLP. You might assume that all of the aspects of land within your property line belong to you, but that may not be the case. A recent British Columbia case, Douglas Lake Cattle Company v Nicola Valley…
It’s that time of year when we are once again reminded of how quickly time flies. The start of school signals the end of yet another summer. And it doesn’t just signal the onset of shorter days and colder weather, but it also reminds us that soon we will be…
Liz Bozek first blogged about the tragedy of Tom Petty’s sudden death and the musical legacy that he left behind, commenting that “a life unexpectedly cut short can nevertheless be celebrated because of the rich legacy left behind.” Unfortunately, any hopes of a long-term celebration by his family were dashed…
This post reviews the Ontario “Non-Resident Speculation Tax” (“NRST”), and draws attention to an important possible effect to be aware of on land conveyances involving trusts in the province. This post is a refresher and update to Corina Weigl’s post in June, 2017, which was posted shortly after the proposal…