All About Estates

Category: Wills

Total 350 Posts

Avoid Becoming Part of a Statistic

LawPro recently released its report concerning Wills and estates malpractice claims as of the end of 2022.  As we approach the busy year end, I thought it would be helpful to remind practitioners of the most common errors and some risk management tips in that regard. Interestingly (and perhaps somewhat…

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The Gift of Peace of Mind: Estate Planning during the Holiday Season

  As the holiday season approaches, our thoughts naturally turn to gift-giving, festive gatherings, and the joy of spending time with loved ones. Amidst the holiday cheer, it is important to recognize the profound gift of peace of mind that comes with a well-considered estate and trust plan.  While estate…

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Proportionality and costs awards

In Fanelli v. Fanelli-Bruno, 2023 ONSC 6501, Justice Myers provided clear direction on the principle of proportionality in litigation, and the ways in which it can influence a decision on costs.   The decision The estate of Ms. Lina Fanelli, the mother of the Applicant and Respondent, was the subject…

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Modernizing Ontario Wills: a case update

In Ontario, Bill 245, a large omnibus Bill, the Accelerating Access to Justice Act 2021 (AAJA) received Royal assent on April 19, 2021. It made amendments to many Ontario statutes. Schedule 9 of this Act made significant changes to the Succession Law Reform Act, R. S.O. 1990, c.S. 26 (SLRA)…

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Does your Will reflect your wealth transfer wishes?

Today’s post was written by Diana Leopardi – Estate and Trust Consultant at Scotiatrust. What can be worse than having a Will that does not reflect your wealth transfer wishes…that is, not having a Will at all! Suppose you have a Will in place, it is prudent to ensure that…

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Joint tenancy: a cost-effective or costly measure to save on probate fees?

This blog has been written by Mohena Singh, Associate at Fasken LLP As an estate planner, one of the most common questions I am asked is, “How do I transfer my house or cottage to my family without paying estate administration tax?” A common way we have seen individuals attempt…

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Estate Trustees Ordered to Not Use Estate Assets to Fund Litigation

In a recent will challenge case, the court ruled that the estate trustees during litigation could not access estate funds to pay their legal fees. The testator (“Hans”) and his late wife (“Colleen”) married in 1987.  Together, they had 7 children from their previous marriages. In 2005, Hans and Colleen…

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Charitable Bequests in Wills

This blog was written by Courtney Lanthier, Law Clerk at Fasken LLP.   We often hear in the news of beloved celebrities passing away after years of lucrative careers. It’s also common to speculate as to how their estate will be distributed. Many celebrities have either left, or plan to…

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A Goodbye without Good Planning

This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP Never again, your voice will we hear, When we pick up the phone, and your number we dial. Never again, will we kiss your soft cheek, Listen to your chuckle, or share a knowing smile. Your grandkids…

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Disclosure of Medical Records: Privacy Matters

In Gilbert v. Girouard, 2023 ONSC 4445, a brother and sister brought a challenge to their father’s wills. The siblings alleged that their third sibling, who was named as estate trustee, exerted undue influence over their father. They also alleged that their father lacked testamentary capacity at the time of…

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