This week’s blog has been written by Darren Lund Estate planning and family law intersect in numerous ways. One of the most obvious intersections between these two areas of law is the so-called “family law clause” that appears in Ontario wills, deeds of gift, and inter vivos trusts. Although the…
Category: Wills
Total 433 Posts
This blog post was written by: Dave Madan, Senior Manager, Scotiatrust This summer, the Montana Supreme Court had to weigh in on a modern question: can a selfie video serve as a person’s last Will? The short answer was no. In a case that made headlines, the court rejected a…
Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP. As estate planning legal professionals, we sometimes lose sight of how difficult and confusing reading a Will can be, often full of “legalese” and sentences that seem to go on forever. An executor reading the will may not…
Today’s blog has been written by David C. Rosenbaum, Partner, at Fasken LLP Subsection 21.1(1) of the Succession Law Reform Act (SLRA) permits the Superior Court of Justice to validate a document or will that was not properly executed or made under the Act, if the deceased died after January…
Are you planning to leave real estate to a loved one under your Will? Do you want that property to be transferred free of debt or other claims? If you’re making a specific gift of your interest in freehold or leasehold property that is subject to a mortgage, as…
Today’s blog has been written by Latoya Brown, Associate, at Fasken LLP In Part 1 of this series, we explored the importance of selecting the right trustee, using Jones v. Jones[1] to highlight what can go wrong when a trustee lacks a clear understanding of their fiduciary obligations. In this…
This blog post was written by: Mario Gravel, Estate and Trust Consultant, Scotiatrust Ottawa Allow me to share a story of a client interaction with you. Dear client, do you know how important it is to have a proper legal Will? Yes. Check. You also know about the peace of mind…
Today’s blog was written by Karen La Caprara, Counsel, at Fasken LLP. Pour-over clauses in wills are a staple in U.S. estate planning, used to direct estate assets into an existing trust. But in Ontario and British Columbia, these clauses can lead to invalid testamentary gifts, intestacy, and costly…
This blog post was written by: Rafia Babar, Associate Estate and Trust Consultant, Scotiatrust Calgary Legacy planning is not the same for every family. It is especially unique for South Asian families as it often intertwines with cultural norms, religious beliefs and deeply rooted family dynamics that differ from…
I’m confident that lawyers and clerks who work with assistants will agree: legal assistants are vital to the daily operations of a legal practice. There have been a number of blogs written about the day in the life of an estate planner or a law clerk working in estates. In…