Ashley Thornton, articling student and Maddi Thomas, associate of Gowling WLG (Canada) LLP Choosing your executor (also called an estate trustee in Ontario) is one of the most consequential decisions you will make in the estate planning process. It’s not – or shouldn’t be – about rank in the family,…
The addition of a common-law partner as a joint owner of a bank account with a right of survivorship may give rise to initial uncertainty as to whether the arrangement constitutes a gift. While such a designation may appear to be a gratuitous transfer, the presumption of advancement does not…
As we head into Thanksgiving weekend, I am sharing a guest post written by my son. Earlier this year, he and his partner celebrated a beautiful wedding surrounded by family and friends. Like many life milestones, it prompted some important conversations about their future together, including what would happen if…
This blog post was written by: Dave Madan, Senior Manager, Scotiatrust Recent decisions from the British Columbia Court of Appeal have underscored how fragile an estate plan can become when a Will is ambiguous, or when life insurance and beneficiary designations conflict with the testator’s broader intentions. These cases remind…
Fall officially arrives on Monday. School has started, the leaves are turning colour, and for many families, it’s time to think about closing the cottage for the year. As estate planners know, the cottage is not an ordinary asset. It’s a special place where memories are made and traditions are…
This week’s blog has been written by Darren Lund Estate planning and family law intersect in numerous ways. One of the most obvious intersections between these two areas of law is the so-called “family law clause” that appears in Ontario wills, deeds of gift, and inter vivos trusts. Although the…
This blog post was written by: Dave Madan, Senior Manager, Scotiatrust This summer, the Montana Supreme Court had to weigh in on a modern question: can a selfie video serve as a person’s last Will? The short answer was no. In a case that made headlines, the court rejected a…
Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP. As estate planning legal professionals, we sometimes lose sight of how difficult and confusing reading a Will can be, often full of “legalese” and sentences that seem to go on forever. An executor reading the will may not…
Today’s blog has been written by David C. Rosenbaum, Partner, at Fasken LLP Subsection 21.1(1) of the Succession Law Reform Act (SLRA) permits the Superior Court of Justice to validate a document or will that was not properly executed or made under the Act, if the deceased died after January…
Are you planning to leave real estate to a loved one under your Will? Do you want that property to be transferred free of debt or other claims? If you’re making a specific gift of your interest in freehold or leasehold property that is subject to a mortgage, as…