This blog was written by Christopher Cook, student-at-law The law recognizes three ways in which a stranger to the trust (i.e., someone who is not an appointed trustee) may be liable for breach of trust. First, one may be liable as a “trustee de son tort.” This is the case…
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Procrastinator – a person who habitually puts off doing things. Intestate – dying before making a will. These two words in an estate context can make the administration of an estate a nightmare. No one likes to think about death and planning for their death. However, death is inevitable and,…
The recent decision of Marrone (Re) by the Capital Markets Tribunal (“CMT”), an independent division of the Ontario Securities Commission, provides an interesting example of the intersection between the professional conduct rules governing mutual fund dealers and estates law as it relates to conflicts of interest. The facts in Marrone…
Whether you are a Royal watcher or not, today we are in mourning. Today, with the rest of Canada, the United Kingdom and the world, we mourn the loss of the longest-reigning British Monarch, Queen Elizabeth II. On Thursday September 8, 2022, the Queen passed away at the age of…
A Registered Education Savings Plan (“RESP”) is a cost-effective way of saving money for a child’s future post-secondary education. The concept of the RESP raises the question of who actually owns the funds therein. Is it the parent who contributes to the RESP (the “subscriber”) or the child for whom…
Overview We frequently hear the notion that the largest wealth transfer in modern history is commencing. With that, clients increasingly share their objective of multi-generational, or dynastic, planning. For me, as an estate planner, an immediate question arises, namely “How can we assist in accomplishing this objective? Evidently, a goal…
This blog was written by Danna Fichtenbaum Headlines were abuzz last week detailing claims issued in Connecticut state court by two of the daughters (the “Daughters”) of Paul Newman – actor and creator of the Newman’s Own food brand – that Newman’s philanthropic endeavour, Newman’s Own Foundation (the “Foundation”), is…
This blog has been written by Najib Painda, Law Clerk at Fasken LLP Religious and cultural values in Estate Planning As an immigrant growing up in different parts of the Greater Toronto Area, I was fortunate enough to be part of and experience diverse communities which embraced different ethnicities, cultures…
The 2016 introduction of the Graduated Rate Estate (GRE) regime was accompanied by the “estate donations” rules. These Income Tax Act provisions altered the administrative and tax treatment of gifts by will, as well as direct designation gifts of life insurance, RRSP/RRIFs, and TFSAs. How are charities and executors managing…
This blog was written by Holly LeValliant Bank records may be key evidence in estate litigation cases. They can be the crux of a case where undue influence, financial mismanagement, or a history of dependant’s support are alleged. The bank may be the only practical source of information that would allow…