Wills

Living Across Borders: Estate Planning Lessons from a Destination Wedding

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

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

The Liquidator: The Central Player in Quebec Succession Disputes

This blog has been written by Frédéric Barriault, Counsel, and Yoni Feingold, Partner, at Fasken LLP In Quebec’s civil law tradition, the liquidator occupies a central institutional role in the administration and litigation of successions. The legal framework governing this role draws principally from two sets of rules: the regime of liquidation of successions and the regime of administration of the property of others. Together, these systems create a coherent….

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Estate Administration, Estate Litigation, Executors, Succession Planning, Wills

Why Young Adults Need an Estate Plan—Even If They Don’t Own a House

Back in 2019, I wrote a blog about estate planning for younger adults and the importance of addressing this often-overlooked issue. Today, I thought I would revisit and update this topic. Young adults often assume that estate planning is only relevant for older adults or wealthy individuals. When I was in my early 20s, even while working as an estate administration clerk, it wasn’t something I seriously considered for myself…..

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Estate Planning, Power of Attorney, Wills

Planning for the People You Love

This blog has been written by Latoya Brown, Associate at Fasken LLP Valentine’s Day is often associated with flowers, cards, and grand gestures. But beyond the chocolates and celebrations, February also offers a quieter reminder of what truly matters: the people we care about. It’s an opportunity to pause and reflect on how we show care, not just through gestures or words, but through thoughtful planning and intention for the….

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Estate Administration, Estate Planning, Family Conflict, Power of Attorney, Succession Planning, Wills

Review or Update Your Will Every Few Years—Your Beneficiaries Will Thank You

This blog has been written by JOSEPH STONEHOUSE, litigation associate at Fasken LLP (Toronto) In a recent decision, Justice Myers of the Superior Court of Justice dismissed claims by beneficiaries under a will against the drafter because those claims were brought more than 15 years after the defendant drafted the will. The court determined that, despite the perceived unfairness, the legislative intent behind the Limitations Act necessitated striking the plaintiffs’ claims…..

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Limitation periods, Succession Planning, Wills
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