Today’s blog is the first in a three-part series that explores estate accounts from the perspective of a beneficiary, and more specifically a beneficiary of an estate in the Province of British Columbia. These blogs were written by Caroline Caron, a paralegal in the Vancouver office of Fasken LLP, to…
Category: Estate Administration
Total 479 Posts
For the average person, the work of an estate trustee can be daunting. Depending on the complexity of the estate, it can be a full-time job unto itself, and it is not uncommon for an estate trustees to renounce their appointment. The case of Chieffallo v. Blair, 2025 ONSC 3411…
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….
Today’s blog was written by Douglas Buchmayer, partner with the Ottawa office of Gowling WLG (Canada) LLP. Executor compensation can be a challenging and sometimes uncomfortable topic to address with clients when preparing their wills. If the will does not mention compensation, the default rule under section 61 of the…
The addition of a common-law partner as a joint owner of a bank account with a right of survivorship may give rise to initial uncertainty as to whether the arrangement constitutes a gift. While such a designation may appear to be a gratuitous transfer, the presumption of advancement does not…
Brianna Fable-Watson, Articling Student, Gowling WLG (Canada) LLP When planning your estate, creating a spousal trust is an effective way to ensure that your spouse is financially supported while also protecting the inheritance for your children or other beneficiaries. In a typical spousal trust, your surviving spouse receives the income…
Over the last couple decades, many Canadians have invested in real estate, more specifically, in rental properties. As a result, their real estate holdings will constitute a substantial part of their estate therefore, their estate plan should consider how best to minimize capital gains on death and preserve their real…
There is a saying among charitable gift planners: “beware of donors of in-kind property with valuations in hand.” In other words, some gifts may be too good to be true. This folk wisdom contains a serious point. Donors, executors and charities often struggle with the valuation of in-kind donation. Who…
Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. The Ontario Ministry of the Attorney General has once again revised the estate-related Court forms, this time under O. Reg. 72/25, which came into effect on August 13, 2025. These changes aim to streamline the probate application process…
THE FOLLOWING BLOG POST WAS WRITTEN BY IRYNA HUK, STUDENT-AT-LAW AT DE VRIES LITIGATION LLP When a sentimental estate asset is wrongfully altered or destroyed, courts must decide whether the appropriate remedy is to award the estate the value of a replacement or the cost of restoring the original. The…