Many of us dream of escaping a Canadian winter, especially this year, with the repeated snowfalls and freezing temperatures. As our population ages, the annual migration of Canadian ‘snowbirds’ to warmer climates continues to grow. Travelling with a person who has cognitive impairments can be challenging, yet it is possible…
As an estates law clerk, when I begin work on a new estate administration file, one of the first things I do is read the deceased’s obituary. It isn’t a legal document like the Will, but it often provides valuable background information about the deceased and helpful context about family…
This blog post was written by: Dave Madan, Senior Manager, Scotiatrust Most estate problems do not start with bad intentions or poor advice. They start with an easy decision. A parent adds a child to a bank account to make bill paying simpler. A couple downloads an online Will template…
Disputes relating to the guardianship of a person or of their property are relatively common in the world of estates and trusts litigation. To be clear, the appointment of a guardian is done through the court process and via a court order, whereas the appointment of an attorney for property…
Dual U.S.-Canadian citizens residing in Canada may want to pay particular attention to the Exclusive Citizenship Act of 2025 (the “Act“); a proposed bill establishing that “citizens of the United States shall owe sole and exclusive allegiance to the United States […]”.[1] Under the proposed bill, dual citizens have one…
January is Alzheimer’s Awareness Month in Canada. With new advances in diagnosing and treating the disease, clinicians and researchers are cautiously optimistic that they are on the verge of breakthroughs in treating its causes and improving symptom management. At the same time, we are still seeing a rising epidemic of…
Today’s Blog was written by Rahul Sharma, Partner, Fasken LLP, Toronto This is a short blog post written on a cold morning in Toronto. It is currently -12 degrees in Toronto (with a windchill factor of -21 degrees). It is presently sunny and 26 degrees in the Cayman Islands. On…
In Ontario, a person who seeks to challenge the validity of a will is required to meet a “minimum evidentiary threshold.” This threshold exists to prevent estates from becoming embroiled in years of expensive litigation over the thinnest of allegations. The minimum evidentiary threshold was recently addressed in Cissek v…
Gwenyth Stadig, Partner, Amber LeBlanc, Articling Student, Upama Poudyal, Associate, Gowling WLG (Canada) LLP When a testator located in Ontario intends to create a charity through their will and fund it with estate assets, it is essential to understand Ontario’s rules regarding compensation of charity directors. Generally, directors of charities…
This blog has been written by Pritika Deepak, Associate at Fasken LLP. As we leave another year behind, it’s a fitting time to reflect on what tax and trust practitioners may often perceive as a period that often raises questions about the distribution of income from trusts to beneficiaries. To…