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…
Category: Trusts
Total 205 Posts
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…
You’ve already beaten the odds — now make sure your fortune doesn’t roll the dice without you. Over the years, I’ve had the privilege of helping lottery winners turn sudden wealth into lasting legacies. Here are six key considerations to keep in mind from an estate planning perspective: Assemble…
This blog post was written by Alicia Mossington, Estate and Trust Consultant, Scotiatrust London Executors in Ontario are often required to obtain a Certificate of Appointment of Estate Trustee (colloquially and historically referred to as “probate”). Although Estate Administration Tax (“probate tax”) is applicable across many jurisdictions in Canada, it…
Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Last weekend my husband and I settled in for a typical Sunday night at home – cozy on the couch with a good Netflix documentary. We decided to watch “Bob Ross: Happy Accidents, Betrayal and Greed”. What I…
Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP. In recent years, I have noticed an increase in the younger generations (specifically my millennial generation) opting to have pets instead of children. This shift can be seen as a result of many economic factors and has ultimately…
Today’s blog was written by Latoya Brown, Associate, at Fasken LLP When it comes to estate planning involving trusts, selecting the right trustee is one of the most crucial decisions. The recent case, Jones v. Jones, 2025 ONSC 695 serves as a poignant reminder of the complexities and potential pitfalls…
This blog post was written by Melissa Plunkett, Director, Scotiatrust Over my almost twenty-five-year career in the trust industry, I have seen a lot of clients who have settled trusts for protection – protection of assets and protection of the beneficiary. Over the course of this past year, with all…
A common misconception about donor advised funds is that they are trusts, charitable purpose trusts. At times, lawyers, especially those with expertise in trusts and estates, struggle with this distinction, as do donors. In 2023, this issue came to the forefront when Canadian charities briefly thought they might need to…
This blog has been written by Rahul Sharma, Partner, at Fasken Martineau DuMoulin LLP, Toronto The world is changing very fast and conversations that I am having with people today include generous helpings of “T” words other than “tax” and “trust.” I could try to keep count of how many times…