All About Estates

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Total 339 Posts

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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Loosening Standards for Charitable Property

A crisis may change long-held views.  In reaction to the devastating economic effect of COVID-19 a couple of regulators have loosened their rules related to two different types of charitable property.  Will these changes be temporary or will they lead to long-term change?  And what effect does it have on…

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The First of the Firsts

Everything is different since Covid began and the activities we used to take for granted are now being sorely missed. Family celebrations are so important and there were many that could not be celebrated together. This past Thanksgiving’s meal, for example, was enjoyed as a take out dinner instead of…

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Welcome Changes in the Filing of Probate Applications

I would like to thank the estates law clerks in the Private Client Services group of Fasken for their contributions to this blog. This week, Attorney General Doug Downey (perhaps in the spirit of Thanksgiving) hinted at upcoming changes in the area of estates that would “manage the estate process…

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The Airing of Grievances

Thanksgiving 2020 is a time for gratitude and togetherness. It’s a time for us to reflect on the craziness of these past 8 months and to appreciate the things that we have. For others, it’s a time to gather your family around and tell them all the ways they have…

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Considering a “Pour Over” Clause?

I recently had a discussion about pour over clauses which sparked my curiosity!  After some research I considered in what estate planning context this tool might be used and, as with everything, the pros and cons. In the United States, where pour over clauses appear to be used more commonly,…

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Personhood and RBG

This Blog was written by: Alicia Godin, Estate and Trust Consultant, Scotia Wealth Management If you are frequent visitor to All About Estates, you can likely appreciate the importance of a well-prepared estate plan. The cornerstone of the estate plan is the Last Will and Testament. Many contributors to this…

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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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Choice and Planning for Incapacity

This blog was written by Damian McGrath – Estate and Trust Consultant with Scotia Wealth Management Choice is the act of decision making when faced with two or more possibilities. Decision making requires an understanding of the situation, the decision itself and the consequences of it. If our ability to…

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Outdated Donation Clause

Legal precedents are invaluable – except, that is, when they are wrong or out of date.  Recently a Scotiatrust colleague contacted me about a clause in a client’s will that was intended to create an endowment fund at a registered charity.  The clause imposed a 10-year capital hold on the…

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