All About Estates

LGBTQ2S+ Considerations in Estate Planning

This Blog was written by: Hannah Zip, Estate and Trust Consultant, Scotia Wealth Management  Proper estate and incapacity planning is important for people from all walks of life, however there are some special considerations that should be kept in mind when discussing estate planning with members of the LGBTQ2S+. This…

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How much security is enough?

With real estate prices soaring, it’s no surprise that property is often at the heart of estate litigation. Certificates of pending litigation (CPLs) are a common tool used to ensure that a disputed property is not sold before the litigation is resolved. If the parties agree to remove a CPL…

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The Something Wonderful Theory

I thought I would mix things up today and repost this blog, written by my son. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I believe in what I refer to as the Something Wonderful Theory. Since you never know when something wonderful is about to happen in your life, you might as live view each new…

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Estate Sleuthing

As a law clerk working in the area of estate administration, we often have to act as “detectives”.  For example, we may have to conduct searches to determine whether or not the deceased had a Will.  We may need to track down the beneficiaries named in the Will or piece…

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Planning the transfer of the a family vacation property

This Blog was written by Natalie Melanson, Estate and Trust Advisor at MD Private Trust Company which is part of Scotia Wealth Management This long Canadian winter has finally come to an end and Canadians can look forward to some great spring and summer long weekends and vacations. With the summer season upon…

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Human Rights Tribunals Continue To Disproportionately Require Probate

As my colleague Joanna Lindenberg and I have blogged about the Human Rights Tribunal of Ontario has taken the position that it requires a certificate of appointment of estate trustee (i.e. probate) in order for an application before the HRTO to proceed. Now, in Boyd v. Steeves & Rozema Enterprises…

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What if… the Kardashian Deathbed Marriage Took Place under Ontario Law?

A Thought Experiment Recently, I had the opportunity to co-author a paper on deathbed retainers with Justin de Vries. In drafting this paper, I had the occasion to think about deathbed wills from every conceivable angle. The idea for this blog started as footnote 81: a hypothetical thought experiment on…

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What Happens When a Shareholder (Voting) or a Director Becomes Incapable; Powers of Attorney for Property and Shareholder Agreement Drafting Tips

This is Part II of my saga on addressing circumstances of incapacity, Part I can be found at: https://www.allaboutestates.ca/powers-of-attorney-for-property-implications-of-obtaining-a-formal-capacity-assessment/. Part II, being this blog post, addresses two situations that we, as estate planners, are commonly asked about: Director becomes incapable – who can sign for them? Shareholder (voting) becomes incapable…

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Seven Faces of Philanthropy

  The Seven Faces of Philanthropy: A New Approach to Cultivating Major Donors is an iconic American fundraising book published in 1994.  In it authors Russ Allen Prince and Karen Maru File neatly categorize charitable profiles.  While written for a fundraising audience, the book is a helpful reminder that charitable…

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Testamentary Capacity and Expert Reports

As many well know, issues relating to testamentary capacity are often at the forefront of estate litigation cases and in particular, will challenges. Drafting solicitors may opt to obtain a contemporaneous capacity assessment before their clients execute a last will and testament; this may be the case where the testator…

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