Wills

Planning for the Long Game: What Happens When Your Executor Becomes Incapable?

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This blog has been written by Karen La Caprara, Counsel, at Fasken LLP When contemplating estate planning, it can be easy to focus on a single moment: death. But estate administration does not occur in a moment. It often unfolds over many months, or years, particularly where there is a continuing trust, significant tax work, or illiquid assets. This raises a question that testators can easily overlook at the planning….

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Estate Administration, Estate Planning, Executors, Wills

Qualified Disability Trusts: Some Positive Commentary from the Canada Revenue Agency

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This blog has been written by Darren G. Lund, Partner at Fasken LLP Each year in June, the Canadian branch of the Society of Estates and Trusts Practitioners holds its annual conference. One of the most eagerly anticipated sessions each year is the “CRA Roundtable”. At the Roundtable, representatives from the Canada Revenue Agency respond to questions submitted in advance by STEP on a range of tax issues of concern….

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Canada Revenue Agency, Disability, Estate Administration, Estate Planning, Tax Issues, Trusts, Wills

The Law of Substitution de residuo under the Civil Code of Québec: A Refresher from Recent Québec Superior Court Decisions

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This blog has been written by Frédéric Barriault, Counsel, at Fasken LLP The decisions in De Forte c. Kassardjian, 2025 QCCS 91, and Succession de Tremblay c. Abran, 2025 QCCS 2626, offer a coherent and complementary articulation of Québec law governing substitutions de residuo, particularly regarding (1) their legal validity, and (2) the limits imposed by public order rules. Together, these judgments reaffirm the primacy of the testator’s intent while clarifying….

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Estate Administration, Estate Litigation, Estate Planning, Wills

Finality Matters: Smith v. Bechtel in the Evolving Jurisprudence on Substantial Compliance

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This blog was co-authored by Latoya Brown, Associate and Ciaran Sheahan, Student-at-Law at Fasken LLP Ontario courts have, in recent years, considered a growing number of cases addressing the scope of their curative jurisdiction under s. 21.1 of the Succession Law Reform Act (the “SLRA”), following the amendment empowering them to do so. These decisions continue to refine the doctrine of substantial compliance and to provide clarity on what constitutes….

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Charitable Giving, Contested wills, Estate Administration, Estate Litigation, Estate Planning, Succession Planning, Wills

Living Across Borders: Estate Planning Lessons from a Destination Wedding

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This blog has been written by Pritika Deepak, Associate at Fasken LLP. Last week, I was in sunny Trinidad and Tobago celebrating the wedding of a close friend. We first met years ago when she came to Canada for undergraduate studies and later built a life in Toronto. The wedding brought together friends and family from across the globe, many of whom, like the bride, had meaningful connections to Canada….

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Estate Planning, Power of Attorney, Wills

Court saves Gift from Ademption

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In a recent Alberta case, the court considered whether a gift of a commercial property should adeem as the testator did not personally own the property.    The testator left a valid September 26, 2017 last will and testament. In her Will, she gifts a commercial property equally to her three grandchildren and her two great-grandchildren (the “Grandchildren”). The Will states “that all land and buildings” of a commercial property’s….

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Wills
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