All About Estates

Digital Assets: Spotlighting Client User Considerations (Part II)

Today’s blog post was written in collaboration with Adele Ambrose – Student-at-Law at Fasken. This is the second part in a two-part blog series that explores the specific client considerations for digital assets in estate planning. In Part I, we took a look at the digital assets landscape in Canada…

Continue Reading

Estates, Mutual Funds Dealers and Conflicts of Interest

The recent decision of Marrone (Re) by the Capital Markets Tribunal (“CMT”), an independent division of the Ontario Securities Commission, provides an interesting example of the intersection between the professional conduct rules governing mutual fund dealers and estates law as it relates to conflicts of interest. The facts in Marrone…

Continue Reading

September is World Alzheimers Awareness Month

Like many of you, I think about Alzheimers quite often; not only the (not so) occasional memory lapses but for anyone who lives with dementia- closely impacting their own lives- the devastation it can bring. Do we need a special awareness month to remind us? Yes we do. Most of…

Continue Reading

Farewell Your Majesty

Whether you are a Royal watcher or not, today we are in mourning.  Today, with the rest of Canada, the United Kingdom and the world, we mourn the loss of the longest-reigning British Monarch, Queen Elizabeth II. On Thursday September 8, 2022, the Queen passed away at the age of…

Continue Reading

RESPs, Trusts, and You

A Registered Education Savings Plan (“RESP”) is a cost-effective way of saving money for a child’s future post-secondary education. The concept of the RESP raises the question of who actually owns the funds therein. Is it the parent who contributes to the RESP (the “subscriber”) or the child for whom…

Continue Reading

Multigenerational Succession Planning; The Hilton Family As An Example

Overview We frequently hear the notion that the largest wealth transfer in modern history is commencing.  With that, clients increasingly share their objective of multi-generational, or dynastic, planning.  For me, as an estate planner, an immediate question arises, namely “How can we assist in accomplishing this objective?  Evidently, a goal…

Continue Reading

NEWMAN’S OWN FOUNDATION – NOT NEWMAN’S OWN INTENTIONS?

This blog was written by Danna Fichtenbaum Headlines were abuzz last week detailing claims issued in Connecticut state court by two of the daughters (the “Daughters”) of Paul Newman – actor and creator of the Newman’s Own food brand – that Newman’s philanthropic endeavour, Newman’s Own Foundation (the “Foundation”), is…

Continue Reading

Estate Trustee Compensation – Discretionary Factors

Estate trustees are entitled to seek compensation for their work. Unless an exception applies, the court will exercise its discretion to determine the amount.

Continue Reading

Beneficial ownership reporting – beware of penalties

Proposed regulation subsection 204.2(1) of the Income Tax Act (ITA) introduces a requirement for all trusts, that are required to file a return of income, to provide additional information[1] for each person who, in the year, is a trustee (or protector[2]), beneficiary or settlor[3]. This additional information includes: name, address,…

Continue Reading

Anything New with Passing of Accounts?

Much has been written about the significant changes to the Ontario court probate forms and processes that came into effect on January 1, 2022, and more recently the July 1, 2022 amendments.  But, is there anything new with passing of accounts? Surprisingly, there have been no changes to the court…

Continue Reading