Wills

Total 476 Posts

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

The Florida Condo

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Scotiatrust

This blog post was written by: Derek Hambly, Estate and Trust Consultant, Scotiatrust London When it comes to estate planning, there are a number of assets that ring an alarm bell. The “family cottage” is a big one, and I have written a few articles about dealing with family cottages. Another is the “Florida condo”, and this type of asset has come up many times in recent years as more….

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Estate Administration and Probate Applications, Estate Planning, Real Estate, United States, Wills

The Hidden Work Behind a Probate Application

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Does anyone know the current processing time for probate applications in                 ? Fill in the blank with the Ontario court location of your choice – it is a question that comes up frequently in our network of estates law clerks. So I was interested when I saw two recent articles in The Globe and Mail: “Even with a will, probate wait times can be all over the map” and….

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Estate Administration, Estate Administration and Probate Applications, Executors, Wills

WHEN A WILL IS DRAFTED AFTER DEATH: LESSONS FROM HENRIKSEN ESTATE

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What happens when a person dies before their will is signed, but their lawyer has already been given clear instructions about what that will was supposed to say? Can a court step in after death and give effect to the deceased’s wishes? The recent decision in Henriksen Estate (Re), 2026 BCSC 1058 raises this unusual question and offers an interesting point of comparison for Ontario practitioners.   A WILL THAT….

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Contested wills, Estate Planning, Uncategorized, Wills

Smart Ageing, Smart Estates Podcast, Episode 2: A Will Is a Starting Point

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SMART AGEING, SMART ESTATES continues with a discussion about wills, estate planning and the broader considerations that shape a comprehensive estate plan. The podcast connects legal planning, financial planning, and ageing considerations into a single planning framework. The podcast is co-hosted by Justin de Vries, founder of All About Estates and principal of de VRIES LITIGATION LLP, together with Susan Hyatt, Chair, CEO and Co-Founder of Silver Sherpa Inc. Estate….

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Estate Planning, Podcast, Wills

Filling in the Gaps: Extrinsic Evidence and s. 21.1 of the SLRA

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On June 15, 2024, Robert Chang (“Robert”) received an unexpected text from his brother, Luen-Wen Chang (“Luen-Wen”). Luen-Wen advised Robert that he was ill and asked Robert to visit him as soon as possible. Luen-Wen also said he wanted to “give [his] will” to Robert. On June 19, 2024, Robert (who lived in Dallas, Texas) visited an Etobicoke Hospital and learned that Luen-Wen was terminally ill. During this visit, Luen-Wen….

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