Holograph Will

Exploring Estate Planning through The Testament

• • 6 Comments

  My husband and I recently went on a trip to Peru to celebrate our 35th wedding anniversary. It was an adventurous 18-day tour, amazing but exhausting. One of my favourite parts was the beginning of our trip when we spent four days at an Amazon jungle lodge. Part of my reason for wanting to go on this trip, and specifically to the Amazon,[1] was because of a John Grisham….

Exploring Estate Planning through The Testament Continue Reading »

Estate Administration, Estate Planning, Family Conflict, Tax Issues, Testamentary Capacity, Wills

Ghosts, Goblins and…Wills? It’s time for Spooky Season (aka Estate Planning Season)

• • 0 Comments

Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP. With the colder months approaching, it’s the time of year when people start considering (or re-considering) their estate plan. But when it comes time to sit down and make a Will, people can often become overwhelmed by the complexity of the process. A lot goes into an estate plan that the average person may not consider at the….

Ghosts, Goblins and…Wills? It’s time for Spooky Season (aka Estate Planning Season) Continue Reading »

Estate Planning, Trusts, Wills

ON A PAPER NAPKIN, DID YOU SAY?

• • 0 Comments

The Queen’s Bench for Saskatchewan was recently asked (in the case of Gust vs. Langan et al., 2020 SKQB 42) whether a will handwritten on a paper napkin created by the deceased sometime before his death met the requirements of being a valid will under the relevant Act to permit it to be accepted as a valid holograph will.  The Court had to decide whether the will met the test….

ON A PAPER NAPKIN, DID YOU SAY? Continue Reading »

Contested wills, Courts, Estate Administration, Estate Litigation, Family Conflict, Property, Wills

Estate Planning in a Pandemic: No Easy Solutions

• • 1 Comment

This Blog was written by Suzanna Walter, Estate and Trust Consultant with Scotia Wealth Management It is not surprising that in a pandemic many people are very concerned about their estate plan.  This blog will focus on making a valid Will. In Canada each province and territory has its own legislation which sets out the legal requirements for a valid Will.  Some provinces, such as British Columbia, have a “substantial….

Estate Planning in a Pandemic: No Easy Solutions Continue Reading »

Estate Planning, Executors, In the News, Uncategorized, Wills

Once a Qualifying Spousal Trust, Always and Qualifying Spousal Trust – and a Note on Deathbed Holograph Wills

•

During the June 10, 2016 Toronto STEP Conference Roundtable, the CRA was asked to provide its views on paragraph 8 of IT-3054, which states: Once a trust qualifies as a spouse trust under the terms of subsection 70(6), it remains a spouse trust and is subject to the provisions affecting such trusts (for example, paragraph 104(4)(a)) even if its terms are varied by agreement, legal action or breach of trust…..

Once a Qualifying Spousal Trust, Always and Qualifying Spousal Trust – and a Note on Deathbed Holograph Wills Continue Reading »

Trusts, Wills

The Clock Ran Out On This Will Challenge

•

Limitations statutes can be unforgiving. One dairy farmer learned this lesson in Reid et al. v Reid; Reid v Reid et al., 2016 ONSC 2098, when his will challenge was dismissed for being commenced out of time. Barry and Robert are brothers. Their parents, Walter and Mary, operated a dairy farm which was held by a family corporation (the parents each held 46.5% of the shares; the children each held….

The Clock Ran Out On This Will Challenge Continue Reading »

Contested wills, Estate Litigation, Executors, Family Conflict, Trustee, Wills
Scroll to Top