This blog post was written by: Dave Madan, Senior Manager, Scotiatrust This summer, the Montana Supreme Court had to weigh in on a modern question: can a selfie video serve as a person’s last Will? The short answer was no. In a case that made headlines, the court rejected a…
Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP. As estate planning legal professionals, we sometimes lose sight of how difficult and confusing reading a Will can be, often full of “legalese” and sentences that seem to go on forever. An executor reading the will may not…
Pieter Claesz, “Vanitas Still Life” 1630. Private foundations are believed to be durable entities. Perpetuity is often assumed at the planning stage. Canada Revenue Agency (CRA) data shows, however, that 3,073 private foundations closed during the period 2000 to 2025. Growth in Private Foundations Private foundations have seen significant growth…
Today’s blog has been written by David C. Rosenbaum, Partner, at Fasken LLP Subsection 21.1(1) of the Succession Law Reform Act (SLRA) permits the Superior Court of Justice to validate a document or will that was not properly executed or made under the Act, if the deceased died after January…
Today’s blog was written by Douglas Buchmayer, partner with the Ottawa office of Gowling WLG (Canada) LLP, together with the assistance of our summer law student Stephanie Katajamaki. It would be rare to find an Ontario Will drafted by a lawyer that does not contain a Family Law Act, Net…
Are you planning to leave real estate to a loved one under your Will? Do you want that property to be transferred free of debt or other claims? If you’re making a specific gift of your interest in freehold or leasehold property that is subject to a mortgage, as…
Today’s blog has been written by Latoya Brown, Associate, at Fasken LLP In Part 1 of this series, we explored the importance of selecting the right trustee, using Jones v. Jones[1] to highlight what can go wrong when a trustee lacks a clear understanding of their fiduciary obligations. In this…
This blog post was written by: Mario Gravel, Estate and Trust Consultant, Scotiatrust Ottawa Allow me to share a story of a client interaction with you. Dear client, do you know how important it is to have a proper legal Will? Yes. Check. You also know about the peace of mind…
It comes as a surprise to many Canadians to learn their estate may be subject to U.S. estate tax. Indeed, the U.S. estate tax regime is broad and complex and misunderstood by many Canadians. This article will provide a summary overview of its application to Canadian and how to minimize…
Today’s blog was written by Karen La Caprara, Counsel, at Fasken LLP. Pour-over clauses in wills are a staple in U.S. estate planning, used to direct estate assets into an existing trust. But in Ontario and British Columbia, these clauses can lead to invalid testamentary gifts, intestacy, and costly…