All About Estates

Chat, j’ai pété (and left a stink)

Since the widespread launch of cheap, accessible, generative AI platforms like Open AI’s ChatGPT, Bing Chat, Google Bard, Cohere Coral, etc. we’ve all read the news articles and blog posts written using AI to show off the possibilities these new tools present. In the legal industry, there’s buzz around the…

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PROCEED CAREFULLY – FRAUDULENT CONVEYANCES

Kira Domratchev, Associate Gowling WLG (Canada) LLP I recently came across an interesting decision of the Ontario Superior Court of Justice where the Court used the doctrine of a resulting trust to reach an outcome on a series of events that left a creditor unable to collect an outstanding costs…

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Will Challenges and Limitation Periods: Court of Appeal Weighs In

The question of whether will challenges fall under the standard two-year limitation period has long been a topic of consideration in lower courts[1]. Does the limitation clock start ticking at the date of death, upon discovering the existence of another will, or when there is knowledge of both the existence and content of another will? The Court of Appeal has finally spoken on the issue … well, sort of.

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DONOR ADVISED FUNDS AND PRIVATE FOUNDATIONS

This blog has been written by Mahsa Pezeshki, Charity and Not for Profit Clerk at Fasken LLP Vehicles for organized and strategic charitable giving Understanding the differences between these two vehicles is a good starting point for philanthropic planning. Each giving option can be an effective and personal method for…

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Summary Judgment in Estate Litigation, and the Role of a Financial Advisor as a Witness

It is widely known by estate litigation lawyers that the courts are clogged with disputes, often leading to lengthy delays in the obtaining hearing or trial dates.  Summary judgment is one way that the courts can decide cases efficiently.  To achieve a just result, a lengthy trial with oral testimony…

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The End of Zoom Wills?

In order for a Will to be valid, the testator must sign in the document in the presence of two witnesses. During the COVID lockdown, numerous jurisdictions, including Ontario, enacted emergency legislation permitting the virtual or video commissioning of Wills. These measures enabled the testator’s signature on the Will to…

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The Importance of the U.S. Federal Transfer Certificate

Canadians often misunderstand (or are unaware) that the U.S. estate tax may apply to their estate.  Indeed, if a Canadian dies owning U.S. situs assets with a gross value exceeding USD $60,000, their estate will have to file a U.S. estate tax return and, depending on the worldwide fair market…

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Plan Well Before Moving an Elderly Person Across the Country

Moving a household from one place to another is near the top of the stress scale for most of us. With a rapidly aging population, families may consider moving an elderly person from one part of the country to another for various reasons. Major moves are disruptive and bring substantial…

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Videos and Wills: Helpful or Harmful?

Pictured: A screen grab from the music video for “Only Acting” by Kero Kero Bonito. It’s one of my favourite songs. It’s not quite about video wills, but it does show off some of the challenges of recording oneself. What are Video Wills? Some practitioners have floated the idea of…

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How to talk about death and dying: morbid curiosity welcome

I may be ghoulish, but I think not. I am quite interested in talking about death and dying. I’m the daughter of a former hospice nurse, a former student of a high school teacher who spent an entire term teaching about death and dying as part of a world religions…

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