Today’s blog was written by Douglas Buchmayer, partner with the Ottawa office of Gowling WLG (Canada) LLP, together with the assistance of our summer law student Stephanie Katajamaki. It would be rare to find an Ontario Will drafted by a lawyer that does not contain a Family Law Act, Net…
Transitions are not easy for anyone at any age. Reading the Saturday paper today, there were several articles on getting teens ready for campus life as they go off to university or college in a few weeks. Having experienced this in our own family, I scanned the articles based on…
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…
Section 35 of the Evidence Act, R.S.O. 1990, c. E.23 (“EA”) is often referred to as the “business records” exception to the rule against hearsay. That is because, under certain circumstances, section 35 of the EA allows business records (which are defined in section 35(1)) to be filed and admissible…
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…
In the recent case of Buffa v. Giacomelli, the court was asked to determine if large gifts the Deceased made to her Daughter from jointly held accounts were valid inter vivos gifts and if the Daughter had rebutted the presumption of a resulting trust with respect to the funds held…
It comes as a surprise to many Canadians to learn their estate may be subject to U.S. estate tax. Indeed, the U.S. estate tax regime is broad and complex and misunderstood by many Canadians. This article will provide a summary overview of its application to Canadian and how to minimize…
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…