All About Estates

Tamar Silverbrook

Total 16 Posts Website
Tamar Silverbrook is an associate in the Trusts, Wills, Estates and Charities group at Fasken. Tamar’s practice is focused on domestic and international trusts, as well as wills and estate planning. Tamar works closely with clients and/or clients’ advisors to draft the appropriate documents to facilitate estate and business succession plans that fulfill clients’ unique objectives. This includes providing advice on probate planning, disability planning, charitable gifting, asset protection strategies, cross-border estates and tax issues, personal privacy, family law matters and the interpretation of trusts’ provisions and the corresponding scope of authority provided to trustees. Tamar also advises trustees in administrating a range of complex trust matters.

Medical Assistance in Dying (MAiD) – An Update

Today marks a court-imposed deadline regarding legislative amendments to our laws on medical assistance in dying (“MAiD”). This topic, although heavy, has been important to me, particularly over the past year. As recently as the US election, someone close to me was scheduled for MAiD. As her date was approaching,…

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Marriage Contracts; The Importance Of Their Review In Estate Planning And “Consenting” Out Of Living Separate And Apart

In the context of estate planning, I constantly am reminded of the need for a proficiency in family law.  Here’s one reason why. One of the key questions we ask clients is, “Do you have a marriage contract?” The role of a drafting lawyer isn’t, in my view, to simply…

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A Trap For The Unwary; ONCA Finds A Partner Responsible For Spousal Support Despite Maintaining Separate Residences and The Impact on Estate Planning

Today’s blog was co-written by Corina Weigl, Partner at Fasken LLP. The recent Ontario Court of Appeal (“ONCA”) decision Climans v Latner[1] (“Latner”) highlights a trap for the unwary.  For the purposes of awarding spousal support, clients may be found to be common law “spouses” despite maintaining separate residences.  The…

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Multiple Wills Across Civil and Common-Law Systems; Estate Planning That Provides An Advantage To Clients Who Hold Assets In Ontario And Quebec

If structuring an estate plan across different Canadian jurisdictions didn’t raise enough considerations for an estate planner, add a different legal system to the mix, namely, Quebec’s civil law.  This post focuses on the estate-planning advantages available to clients who hold assets both in Ontario and Quebec, specifically the advantage…

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Indemnifying Trustees for Gross Negligence

This week in the world of client requests in the context of family trusts, a client (the “Client”) considered appointing their child as one of the trustees of their family trust, however wanted to ensure that such child would not be liable for any error or mistake made by them…

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Clients’ Reign And The Associated Difficulties In Drafting Their Inter Vivos Trusts

Imagine being retained to draft an inter vivos trust for the queen, Cersei Lannister, of Game of Thrones.  Cercei is a protective mother dedicated to maintaining power for herself and her family, which dedication includes succession planning for her power and wealth.  Cercei’s instructions may include drafting the trust so…

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