All About Estates

Category: Wills

Total 372 Posts

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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Failure to plan can leave minor children in “Another World”: Considerations for the Anne Heche estate

Today’s blog is written by Latoya Brown, Articling Student at Fasken LLP. The tragic death of soap opera actress of “Another World” Anne Heche, was an unexpected loss for her fans and family. She succumbed to her injuries on August 11, 2022, a week following a car accident that left…

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PRACTICAL SUGGESTIONS FOR LAWYERS ACTING AS EXECUTORS

Working in the estates administration area we are called upon to advise and guide clients on their duties, obligations and responsibilities in connection with their role as the executor for the estate.  What happens when your client is also a lawyer?  This blog is not meant to provide legal advice…

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Revisiting the “Rule of Convenience”

Todays blog has been co-written with Murray Braithwaite, Partner, Fasken Martineau DuMoulin LLP, Toronto There has been case law in the past two years where the court has used its discretion to vary the rate of interest on legacies that have not been paid within the “executor’s year” from 5%…

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Reviving a revoked will

It is quite common for a will to begin with a statement that all previous wills and codicils are revoked. This is done to ensure that only the will being executed at that time remains the valid will of the testator, and any prior testamentary instruments no longer desired will…

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Estate Planning for The Likes of Taylor Swift: Considerations for Music Artists

With summer concerts, tours, and music festivals in full swing, I thought I would share estate planning considerations unique to music artists (the performing artists and songwriters, unless specified otherwise, the “artist”). I will use Taylor Swift as an example because the Taylor Swift/Scooter Braun controversy is helpful to my…

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Tax Implications and Considerations involving the Death of a Shareholder of a Private Corporation

Today’s blog was written by Pritika Deepak, Associate at Fasken LLP This is the last part of a three-part blog series which provides a broad overview of some of the tax implications to consider, with respect to certain assets held at death. Part I, which addresses RRSPs can be found…

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Seeking disclosure of a lawyer’s file to prove substantial compliance

White v. White, 2023 ONSC 3740 A recent case heard before Justice Myers of the Toronto Estates List provides an interesting discussion of orders for the production of a will-drafting solicitor’s file, and shows the limits on such orders being sought under Ontario’s move to ‘substantial compliance’, which occurred in…

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When Estates Law Meets Criminal Law: A Recent Case of a Fraudulent Will

Estates law doesn’t typically make the news, so my attention is always piqued when I see a headline about a Will. A recent criminal case featuring a fraudulent Will made front-page news, and serves as a reminder of what a powerful document a Will is, the need to carefully plan…

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