All About Estates

Tag: Wills

Total 137 Posts

Shingeki no Kyojin: An Anime Unexpectedly About Family, Legacy and Succession

Last week, my colleague Yvonne Mazurak wrote a blog post about a recently-released television show, And Just Like That, discussing the estate planning issues highlighted by the events of the show. So, I thought I would provide a bit of a television recommendation show of my own…although my taste is…

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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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Software Applications as Aids to the Estates Advisor

Software Applications as Aids to the Estates Advisor For all of us advisors, there are likely certain types of software applications that we use for our day-to-day tasks: perhaps its Microsoft Outlook for sending emails, or a timekeeping software for recording dockets. And although these programs are leaps and bounds…

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Think about your Estate Plan before you travel…

Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP With winter sneaking up on us (rather quickly, I might add) and the travel bans slowly being lifted, we’re bound to get an influx of calls and e-mails from clients wanting to update their estate plans or check…

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Stripping Assets Out of Corporations; Will Drafting Considerations

Imagine you have an interest in a privately held corporation, which corporation’s underlying assets include a valuable art collection. Perhaps on your death you would like the art collection, or certain pieces, to be given to your closest friend, with the remaining assets (represented by the shares in the corporation)…

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TIPS ON BRINGING A PASSING OF ACCOUNTS APPLICATION – PART 5 (FINAL THOUGHTS)

Today’s blog will wrap up my series of blogs related to bringing an application to pass accounts (the “Passing Application”).[1]  We will look at how an Executor/Trustee completes the Passing Application and obtains a judgment on passing of accounts. A Passing Application will either proceed without a court hearing, if…

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Potential Cost of Witnessing a Will

Across Canada, the provinces have built safeguards against undue influence into their law regulating wills: if the witness or the witness’ spouse receives a gift of property under the will, that gift is void. Unfortunately, this rule has the potential to disinherit innocent beneficiaries who unwittingly agree to act as witnesses to the will. This was the situation before the Supreme Court of British Columbia in Wolk v Wolk, 2021 BCSC 1881.

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“I’ve signed my Will…now what?”

You’ve met with your client for a final signing meeting. They can breathe a sigh of relief – their Will (or Wills) and Powers of Attorney are done! I have bad news – the process isn’t quite done yet. Of course, you will prepare a reporting letter,  send your final…

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When Is A Signature Not A Signature?

Under the Succession Law Reform Act (SLRA), a will or codicil must be “signed” to be valid. The case of BMO Trust Company v. Cosgrove, 2021 ONSC 5681 considered what handwritten form of a person’s name constituted a signature. Nola Louise Bogie hired a lawyer to prepare her will. However,…

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Assessing Drake’s Estate Planning Needs

As a Toronto native, I couldn’t help but listen to rapper Drake’s highly-anticipated new album Certified Lover Boy, which he released just a few weeks ago. In fact, it has been enjoying record-breaking streaming numbers from music fans around the world, amassing a staggering 153 million global Spotify streams in…

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