All About Estates

Category: Executors

Total 299 Posts

Navigating Challenging Holiday Experiences and Estate Planning: A Balanced Approach

This blog has been written by Jessica J. Butler, Law Clerk at Fasken LLP. The holiday season can be a time for joy, love, and togetherness – it can also be a time for drama, stress, and conflict. Simmering tensions at family gatherings can cause situations that sometimes leave lasting…

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Executors: Holiday Elf or Grinch?

                                             Photo Credit: Universal Pictures This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP If you are the lucky (or more often unlucky) person appointed…

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Can a Disbarred Lawyer be an Executor?

In Re James Estate, 2023 ONSC 6432, the Court considered whether a disbarred lawyer could act as the estate trustee of an estate.

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Section 116 and Capital Distributions by Trust to Non-Resident

When a trust makes a capital distribution to a non-resident beneficiary, the beneficiary is deemed to have disposed of a part or the whole of their capital interest in the trust.[2] Where the capital interest in the trust is “taxable Canadian property” (“TCP”),[3] the vendor of the TCP (i.e. the beneficiary who is deemed to be “disposing” of their interest in the trust) must apply for a clearance certificate from the Canada Revenue Agency (the “CRA”) under section 116, either in advance of the disposition or within 10 days of the disposition.

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Will We Need to Start Remembering the “Right to be Forgotten”?

Pictured: Some myosotis flowers; colloquially known as “forget-me-nots”. I thought these would be appropriate for this blog post. In the estate planning world, we often see clients who want to be remembered for generations to come. For example, this could be through establishing a charitable gift, trust or foundation in…

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What Happens if Something Happens to your Executor? – Part Two

It is very difficult to plan for every possible scenario when you are drafting your will. Not only is it important to consider who to name as your executor, but you also need to think about what would happen if something happened to your executor. In an earlier blog, I…

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Disclosure of Medical Records: Privacy Matters

In Gilbert v. Girouard, 2023 ONSC 4445, a brother and sister brought a challenge to their father’s wills. The siblings alleged that their third sibling, who was named as estate trustee, exerted undue influence over their father. They also alleged that their father lacked testamentary capacity at the time of…

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PRACTICAL SUGGESTIONS FOR LAWYERS ACTING AS EXECUTORS

Working in the estates administration area we are called upon to advise and guide clients on their duties, obligations and responsibilities in connection with their role as the executor for the estate.  What happens when your client is also a lawyer?  This blog is not meant to provide legal advice…

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Declaratory Relief – Not Always Available

Declaratory Relief Defined It is well understood that a court can order a party to do something or order a party to refrain from doing something. Another power of the court is its ability to make declarations. The Court of Appeal for Ontario defined a declaratory judgment in Bryton Capital…

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Further Assessing Drake’s Estate Planning Needs

Nearly two years ago, I wrote a blog post titled “Assessing Drake’s Estate Planning Needs”. The post looked at rap sensation Drake’s assets vis-à-vis his intent for his son Adonis to be the sole beneficiary of his estate, and the various considerations that he ought to have in planning for…

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