Wills

Total 460 Posts

Young, Married, and Prepared: A First Experience with Wills and POAs

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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 something unexpected occurred. In this post, he shares his experience with estate planning as a newlywed, and the process of….

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Estate Planning, Power of Attorney, Spouse, Wills

When One Clause or Designation Derails an Estate Plan

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Scotiatrust

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 us that estate planning isn’t just about having a Will, it’s about making sure the pieces are consistent, coherent, and….

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Appeals, Contested wills, Courts, Estate Litigation, Insurance, Wills

Cottage Trust Planning – Points for Consideration

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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 passed down, and as a result, planning for its succession can be challenging. Often, individuals will include a trust in….

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Cottage, Estate Planning, Property, Succession Planning, Trustee, Trusts, Wills

The Benefits and Limitations of “Family Law Clauses”

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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 clause is ubiquitous, it is one that is easily misunderstood by lay readers of wills, deeds of gift, and trusts…..

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Estate Planning, Trusts, Wills

A Selfie Isn’t a Will: The Problem with Video “Wills”

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scotiatrust

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 man’s video-recorded “selfie Will.” Even though he clearly expressed that he wanted his brother to inherit everything, the court ruled….

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Contested wills, Estate Planning, Wills

The Letter of Wishes: A Personal Touch to your Estate Plan

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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 fully grasp what it is they are meant to do and how to make the difficult decisions they are asked….

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Estate Planning, Trusts, Wills
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