November is Make a Will Month, an annual initiative designed to raise awareness about the importance of having a Will. A Will is one of the most critical legal documents you can have, as it ensures that your wishes are respected and your loved ones are provided for after your…
Category: Succession Planning
Total 143 Posts
Fall officially arrives on Monday. School has started, the leaves are turning colour, and for many families, it’s time to think about closing the cottage for the year. As estate planners know, the cottage is not an ordinary asset. It’s a special place where memories are made and traditions are…
In Canada, it is not uncommon for employers to grant stock options to employees as a form of compensation, notably in technology and startup sectors. These stock options provide employees the right to purchase company stocks at a predetermined price, often referred to as the “exercise price.” What are the…
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…
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 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…
This blog has been written by Darren Lund, Partner at Fasken LLP In a previous blog, I wrote about the Ontario Superior Court of Justice decision in Lang-Newlands v Newlands, 2024 ONSC 6285. To briefly summarize, the Newlands case considered a number of issues, but the key issue of interest…
This blog has been written by Rahul Sharma, Partner, at Fasken Martineau DuMoulin LLP, Toronto Joint ownership of property with a right of survivorship is perhaps the most common or popular means by which a couple, for example, owns a home in Ontario. Simply put, “joint with right of survivorship”…
This blog has been written by Pritika Deepak, Associate at Fasken LLP. The final part of this three-part blog series discussing Powers of Attorney for Property (“POAs”) in Ontario, will focus on specific provisions and some considerations to keep in mind when drafting these documents. Specifically, it will provide a…
Canadians are familiar with the concept of joint ownership with right of survivorship. It is the prevalent form of ownership between spouses. Therefore, it is not uncommon for Canadians to own U.S. real property or other U.S. property, jointly, especially between spouses. Many are of the view that it will…