All About Estates

Tag: estate planning

Total 280 Posts

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…

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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…

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Do I really need a Power of Attorney?

Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP Simply put, yes. A Power of Attorney, whether it be for your physical property or for your health care needs, can be an invaluable document that should be part of an estate plan. Clients can be so caught…

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Eighteen (18) – Capacity to Make a Will, but will you?

This blog has been co-written by Sandra Arsenault, Law Clerk at Fasken LLP and Kassandra Douglas, Durham College Law Clerk Co-op Student at Fasken LLP At 18 years of age, you are allowed to vote in Canada, and chances are, you have had exposure to politics growing up. You likely…

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Digital Assets: Spotlighting Client User Considerations (Part I)

Today’s blog post was written in collaboration with Adele Ambrose – Student-at-Law at Fasken. It has become clear that the “wait and see” approach to digital assets and digital currency has now shifted to a need for prudent guidance and action by advisors and institutions. According to CoinMarketCap, the total…

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What Happens When a Shareholder Party to a Transaction Becomes Incapable; Powers of Attorney for Property and Due Diligence Tips

This is Part III of my saga on incapacity planning in a corporate context. Part I and Part II can be found respectively at: https://www.allaboutestates.ca/powers-of-attorney-for-property-implications-of-obtaining-a-formal-capacity-assessment/, and https://www.allaboutestates.ca/what-happens-when-a-shareholder-voting-or-a-director-becomes-incapable-powers-of-attorney-for-property-and-shareholder-agreement-drafting-tips/. As a reminder, Part II addressed two situations that we, as estate planners, are commonly asked about: A director becomes incapable – who…

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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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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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Life changes…so why shouldn’t your Will?

Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP I’ve had a few instances where clients have asked “is this really my LAST will, or will I be doing this all over again in five or ten years?” which, in fairness, is a great question. As estate…

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