All About Estates

Tag: Fasken Martineau

Total 140 Posts

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 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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Probate Forms are Changing…Again

Today’s blog was written by Yvonne Mazurak, Associate, at Fasken LLP As my colleagues, Sandra Arsenault and Betty Laidlaw, have both described in posts earlier this year, Ontario Regulation 709/21 introduced significant changes to the probate procedure. Among the changes, which came into effect on January 1, 2022, was the…

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Codicils within Multiple Wills and the Complexity Between Them

Today’s blog was written by Najib Painda, Wills & Estates Law Clerk at Fasken LLP   As you may know, the purpose of a Codicil is to effect minor changes within an existing Estate plan without the need to create a whole new Will. In today’s age of technology, where…

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How’s it going … with the new probate forms?

It has been two months since the new process and forms for obtaining a Certificate of Appointment (probate grant) came into effect at the beginning of the year under Ontario Regulation 709/21.  As my colleague, Sandra Arsenault, wrote in her blog “The new amendments, which come into effect as of…

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“To give or not to Give?” is only the first part of the question – as important is “How”?

Charitable giving is often an important goal of a client’s planning.  As the title of this blog suggests, there are many ways to achieve this objective. What follows is a general overview of on of the options available for charitable giving- namely the establishment of a private foundation- and addresses…

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COVID Wedding Wars: Planning a Wedding During Yet Another Lockdown… or You Could Forget About It And Consider U.S. Estate Tax On U.S. Securities Held With Canadian Investment Dealers

January is kickstarting what seems to be the “Year of the Hats” for me. In addition to my usual winter hat and estate planner hat, this month I’m also fashioning my wedding planner hat, COVID style.  As it turns out, planning a February wedding during a COVID lockdown actually means…

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Thank You for Being a Friend – The Legacy of Betty White

Today’s blog has been written by Jessica J. Butler, Law Clerk at Fasken LLP Betty Marion White was born on January 17, 1922 and passed away at her home on December 31, 2021 – just 17 days shy of her 100th birthday. “I feel like crawling under the covers and eating…

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Reflections …. And Resolutions

As the calendar flips into 2022, I am sure many of us will be thinking – where did 2021 go? Without an active social life to distract me, why are my own affairs not in order? And, of course, what are my New Year’s resolutions for 2022? The end of…

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