All About Estates

Category: Uncategorized

Total 397 Posts

#FreeBritney: Conservatorship vs. Guardianship

Many of you have heard of the #FreeBritney movement which has been gaining media attention over the past few years. After Britney Spears’ very public breakdown due to mental health issues, a court in California appointed her father, Jamie Spears and a third party, as her conservators. The court appointed…

Continue Reading

Gifts and (Broken) Promises

This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management  There have been articles written over the years by my colleagues around gifting. Gifting can be a good estate planning strategy for many reasons. However, several recent cases highlight the importance of properly documenting intentions when…

Continue Reading

Channelling Your Inner J.K. Rowling in Drafting Trustee Resolutions

Today’s blog has been collaboratively written by Corina Weigl and Tamar Silverbrook. The fast paced, (often) time sensitive and adrenaline rushing nature of ‘estate freezes’[1] helps captivate us in the world of trust work.  What is, however, particularly appealing is the ability to be creative. The trust and estate documents…

Continue Reading

Supreme Court of Canada Unseals Sherman Estate Probate Files

On June 11, 2021, the Supreme Court of Canada released its highly anticipated decision in Sherman Estate v. Donovan. Background The facts of the case have been widely publicized. Barry and Honey Sherman, a prominent couple, were found dead in their home in December 2017. Their deaths, treated as homicides,…

Continue Reading

When Our Parents Refuse Our Help

I speak with adult children daily who call because they are concerned that their parent is not doing well and they feel, needs help.  I have found that the refusal to accept help may fall into a number of different categories. Denial: Refuse to accept reality of the situation Responsibility:…

Continue Reading

Sherman Estate v. Donovan: Balancing Sealing Orders with Open Courts

Today’s blog was written by Aniket Bhatt, law student at Fasken LLP Court proceedings are presumptively open to the public. As a result, matters in a probate file are no exception. For example, obtaining a certificate of appointment of an estate trustee in Ontario is a public court proceeding. However,…

Continue Reading

Supreme Court of Canada Orders Unsealing of Sherman Probate Files

On June 11, 2021, the Supreme Court of Canada released its highly anticipated decision in Sherman Estate v. Donovan. Background The facts of the case have been widely publicized. Barry and Honey Sherman, a prominent couple, were found dead in their home in December 2017. Their deaths, treated as homicides,…

Continue Reading

Row Row Row Your Boat!

Today’s blog deals with the transfer of the ownership and license of pleasure crafts to a named beneficiary in a Will. Before I get into the process of transferring the ownership and license of a pleasure craft registered in the Canadian Register of Vessels (Please note: not all pleasure crafts…

Continue Reading

How the ‘Hotchpot Clause’ Lost its Groove: the marriage settlement trust and myth of women’s legal disabilities

What is Hotchpot? In estates law, “hotchpot” is a legal term of art.[1] It is an umbrella term that covers a few related concepts (e.g., a hotchpot clause, common law presumptions of hotchpot, intestacy legislation on the same). In essence, the purpose of hotchpot is to prevent one beneficiary from…

Continue Reading

Joint accounts – continued

Several years ago, I wrote about probate planning involving the use of joint accounts. At the time, my father-in-law had just passed away and my mother-in-law, who survived him, was intent on paying the least amount of Estate Administration Tax (EAT). Jointly held property with a spouse or with one…

Continue Reading