All About Estates

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Total 604 Posts

Can Your Subscription Service Limit Your Estate’s Ability to Sue?

*This blog post was written by Ruth Paul, articling student at de VRIES LITIGATION LLP* With over 80% of Canadian households subscribing to at least one streaming service, internet-based streaming platforms are becoming the preferred way to consume video media. The variety of content and the on-demand nature of streaming…

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Never Underestimate the Value of the Small Things… in Will Drafting

This blog has been written by Karen La Caprara, Counsel at Fasken LLP. It can be easy as a will-drafting lawyer or clerk to approach drafting a will in the same manner as drafting a commercial contract. Like a commercial contract, it is critical that a will does what it…

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Moral Obligation vs Testamentary Freedom: Which Should Prevail?

*This blog post was written by Ruth Paul, articling student at de VRIES LITIGATION LLP* Testamentary freedom is a guiding principle in Canadian estates law. It operates under the presumption that individuals are free to dispose of their estate however they see fit. However, testamentary freedom is not an absolute…

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Lam v Law Estate: Gender bias permits variation of discriminatory will

Today’s blog post was written by Latoya Brown, an Associate at Fasken LLP. The discussion of discriminatory wills continues with a new case out of the British Columbia Supreme Court. In Lam v Law Estate, 2024 BCSC 156, the court varied a testatrix’s will on the reasoning that the testatrix’s…

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A Tale of Two Limitation Periods

In Ingram v. Kulynych Estate, 2024 ONCA 678, the Court of Appeal for Ontario considered the appropriate limitation period where two different limitation periods were applicable and apparently in conflict in relation to a claim against an estate. Background Henry Kulynych died in February 2017. In his Will, Mr. Kulynych…

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Jointing family assets to avoid probate: Is it still that simple?

Douglas Buchmayer, Gowling WLG (Canada) LLP As many of you will be aware, probate is the process by which the Will of a deceased person is submitted to the Court for verification. A tax under the Estate Administration Tax Act of Ontario (formerly known as “probate fees”) of 1.5% is…

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If I were administering Taylor Swift’s Estate

If I were administering Taylor Swift’s estate, I would have to continuously monitor her trademarked lyrics “This sick beat”, “Party like it’s 1989” and “Cause we never go out of style”, amongst others.  Generally, artistic works involve copyright to protect it from being used and sold by others.  But, as…

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Case Comment: Huang v. Nie, 2024 ONSC 2398

As many of our readers may know, estate trustees have a duty to account to the beneficiaries of an estate for the property they administer. Beneficiaries are entitled to be kept informed and can reasonably expect transparency and communication from the estate trustee in this regard. Oftentimes, an estate trustee…

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Arthritis Awareness and Planning Considerations

Arthritis is not part of the normal ageing process and can steal one’s mobility, independence, and freedom to enjoy life without chronic pain. It is also Canada’s leading cause of disability and workplace limitations. Since September is Arthritis Awareness Month in Canada, I thought readers would be interested in learning…

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Refresher On Dealing With Foreign Grants In Ontario

Quite often, we are contacted by law firms in foreign jurisdictions requesting assistance in resealing or confirming a foreign grant in Ontario to deal with assets located in Ontario. My colleague Emily Hubling and I reviewed this topic back in 2019 (https://www.allaboutestates.ca/probate-becomes-international-affair/) and today’s blog is a refresher on the…

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