There is a saying among charitable gift planners: “beware of donors of in-kind property with valuations in hand.” In other words, some gifts may be too good to be true. This folk wisdom contains a serious point. Donors, executors and charities often struggle with the valuation of in-kind donation. Who…
In the recent decision of Buffa v. Giacomelli, 2025 ONSC 4024 (CanLII), the court considered whether withdrawals from joint bank accounts are valid inter vivos gifts. The mother had two children: a son (the applicant), and a daughter (the respondent). The respondent made the withdrawals from joint accounts with her…
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…
*Today’s blog post was written by Iryna Huk, Articling Student at de VRIES LITIGATION LLP The recent Court of Appeal decision in Di Nardo v. Nagy, 2025 ONCA 523 highlights the complexities of contested estate administration and the serious consequences trustees may face when they ignore court orders. Background of the…
Written by Kelsey Buchmayer, associate with the Ottawa office of Gowling WLG (Canada) LLP There is often an assumption that being in a common law relationship is no different than being married – marriage is just a formality, right? And in many aspects of life, perhaps this is true, but…
On March 25th, 2025, President Donald Trump issued Executive Order 4247 (“EO 4247“) directing the U.S. Department of the Treasury to transition all federal disbursements and collections into electronic format; effectively ending the use of paper cheques. By September 30th, 2025, paper cheques for federal payments (notably tax refunds and…
Life happens. In an instant, you may find yourself as a substitute decision-maker for a person or relative. You may have forgotten you agreed to act as their Attorney for Personal Care. Or in some cases, it comes as a surprise that you have been appointed by a parent or…
This blog post was written by Mohena Singh, Associate at Fasken LLP In the realm of family law and financial planning, the case of Klemensiewicz v. Klemens et al sheds light on the intricacies of familial financial support, particularly the distinction between gifts and loans. Often as estate planners, we see that individuals…
This blog post was written by: Dave Madan, Senior Manager, Scotiatrust AI has started writing Wills. That might sound futuristic, but it’s already happening. Generative tools can churn out documents that look polished, formatted, and ready to sign. But what happens when those words don’t match what the person…
In Yurkiw Estate (Re), 2025 BCSC 1026 (CanLII), the Supreme Court of British Columbia clarified the scope of an estate trustee’s file that must be disclosed to beneficiaries. On November 21, 2024, the court ordered Heritage Trust, the estate trustee of the estate of David Thomas George Yurkiw, to produce its…