Estrangement and its Implications on Estate and Succession Planning

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By: Rahul Sharma, Partner, Fasken Martineau DuMoulin, Toronto An article in the Wall Street Journal published at the end of last month caught my eye.  The article, entitled: “Why Are So Many Adults Cutting Off Their Parents?” (Why Are So Many Adults Cutting Off Their Parents? – WSJ) explained that family estrangement is on the rise.  The article’s author, Elizabeth Bernstein, cites a 2020 book by sociologist Karl Pillemer entitled….

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Estate Planning, Family Conflict, Succession Planning

Powers of Attorney: Gender Norms and the Invisible Labour of Care

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Scotiatrust

This blog post was written by: Holly LeValliant, Estate and Trust Consultant, Scotiatrust Toronto   “A child should not be paid to care for an ailing mother.”[1]  The comment captures a persistent expectation that the personal care of a parent is something an adult child, and often a daughter, is simply expected to provide. In estate and incapacity planning, it is remarkably common to see a familiar pattern:  a son….

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Attorney Compensation, POA Compensation, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Bozek v. Drongosky: RRIF Beneficiary Designations and Tax Liability

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In Bozek v Drongosky, 2026 ONSC 4245 the Ontario Superior Court considered whether tax obligations imposed under the Deceased’s will in relation to her Registered Retirement Savings Plan (“RRSP”) continued to apply after the RRSP was converted into a Registered Retirement Income Fund (“RRIF”) and a new beneficiary designation was executed. The answer turned on the specific language of the will and the terms of the later RRIF designation, which….

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U.S. “Clearance Certificate” & Executor’s Personal Liability

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Umbrellas

Canadian advisors are often surprised to learn that a Canadian estate may have U.S. estate tax compliance obligations, even where the deceased was neither a U.S. citizen nor domiciled in the United States. Generally, if a Canadian resident dies owning U.S.-situs assets with a value exceeding US$60,000, the executor must file Form 706-NA. Whether U.S. estate tax is ultimately payable depends on the value of the U.S. assets, the size….

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Estate Administration, Executors, IRS, United States, US Taxes

Thanksgiving – Time to Take Stock About Longevity Planning

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October is the perfect time of year to pause from your busy schedule, be grateful for what you have, and take stock of planning for older family members. As our family and friends gather for Thanksgiving weekend, take some time for yourself and your family. It’s a wonderful time of year in Canada to get outside, explore farmers’ markets, and enjoy the leaves changing in all their glory. And it’s….

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Elder Management, Smart Ageing

Whose Trust Is It Anyway?

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I’ve had several conversations with clients lately about trusts that have given me pause. Some of these discussions have started with a client pulling out a trust deed that was settled years ago, and explaining that circumstances have changed. Family dynamics have shifted and a beneficiary has become estranged, or an excluded family member has come back into the fold. Other times a beneficiary’s circumstances have changed, such that the….

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Estate Planning, Succession Planning, Trusts
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