Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Chadwick Boseman’s death came as a surprise to the world when he passed away in August 2020, at age 43 from colon cancer. Chadwick was best known for his role in Black Panther – the first superhero movie…
Category: Executors
Total 297 Posts
This blog has been co-written by Sandra Arsenault, Law Clerk at Fasken LLP and Kassandra Douglas, Durham College Law Clerk Co-op Student at Fasken LLP At 18 years of age, you are allowed to vote in Canada, and chances are, you have had exposure to politics growing up. You likely…
Canadian Tire “money” has been distributed by Canadian Tire stores for almost 65 years. While CT Money is often dismissed, it may be a mistake to ignore the bills as a potential asset of the estate.
As a law clerk working in the area of estate administration, we often have to act as “detectives”. For example, we may have to conduct searches to determine whether or not the deceased had a Will. We may need to track down the beneficiaries named in the Will or piece…
This blog was written by Justin Ecclestone, Estate and Trust Consultant with Scotia Wealth Management As someone who works for a trust company, much of my day is spent educating our bank’s clients about the estate and trust planning services we can offer. In many cases, clients see the value…
This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP As our fellow blog writer, Audrey Miller wrote earlier this week (here), new Census data indicates that the number of seniors over age 85 is expected to triple in the next 25 years. Could this be an…
A recent Court of Appeal decision, Walters v Walters, 2022 ONCA 38, addresses a trustee’s requirement to give effect to a testator or settlor’s intentions when exercising discretion with respect to distributions from a discretionary trust. At issue was whether the trustees had improperly relied on extraneous or irrelevant factors…
An estate trustee does not have an obligation to provide a contingent beneficiary with an accounting; nonetheless, some form of accounting is generally done at the request of a contingent beneficiary. If accounts are not provided, a contingent beneficiary may bring an application to compel an estate trustee to pass…
Motions and applications rely on affidavit evidence – written statements sworn under oath. This is in contrast to actions, where evidence is provided by live witnesses who are examined or cross-examined in court (this is what you see on TV dramas). Relying on affidavit evidence translates into less time spent…
It has been two months since the new process and forms for obtaining a Certificate of Appointment (probate grant) came into effect at the beginning of the year under Ontario Regulation 709/21. As my colleague, Sandra Arsenault, wrote in her blog “The new amendments, which come into effect as of…