WHEN A WILL IS DRAFTED AFTER DEATH: LESSONS FROM HENRIKSEN ESTATE

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What happens when a person dies before their will is signed, but their lawyer has already been given clear instructions about what that will was supposed to say? Can a court step in after death and give effect to the deceased’s wishes? The recent decision in Henriksen Estate (Re), 2026 BCSC 1058 raises this unusual question and offers an interesting point of comparison for Ontario practitioners.   A WILL THAT….

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Contested wills, Estate Planning, Uncategorized, Wills

Smart Ageing, Smart Estates Podcast, Episode 2: A Will Is a Starting Point

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SMART AGEING, SMART ESTATES continues with a discussion about wills, estate planning and the broader considerations that shape a comprehensive estate plan. The podcast connects legal planning, financial planning, and ageing considerations into a single planning framework. The podcast is co-hosted by Justin de Vries, founder of All About Estates and principal of de VRIES LITIGATION LLP, together with Susan Hyatt, Chair, CEO and Co-Founder of Silver Sherpa Inc. Estate….

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Estate Planning, Podcast, Wills

Til Death (or a CPL) Do Us Part: Joint Tenancy Survives a Son’s Suspicion

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This blog has been written by Mohena Singh, Associate at Fasken A recent Ontario Superior Court decision, Giglione v. Giglione [1], is a useful reminder that disappointment does not always lead to a legal remedy when it comes to inheritance. In this case, the Deceased got re-married in March 2014 and executed a will three weeks later, dividing the residue 30 percent to his spouse and 70 percent among his….

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Family Conflict, Joint Tenancy, Property

Save the Cheerleader

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Scotiatrust

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust    The most famous sentence of Hayden Panettiere’s career was an instruction to protect a girl. Save the cheerleader, save the world. She was the cheerleader, Claire Bennet, and what protecting her actually looked like over four seasons of Heroes was not the heroics you would expect. It was a middle-aged man in horn-rimmed glasses, not her biological father,….

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Estate Planning, Guardianship

Does Donor Recognition Create Obligations?

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Is a donor obliged to provide ongoing support to a charity after a building or facility is named in their honour?  The legal answer is “no”.  Naming, however, may stir up complex feelings of ownership and hope, which often lead to misunderstandings — even after the donor is dead. There are legal, practical, and human issues to consider. Legal Limitations Donations must be freely given and are not contractually binding,….

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Estate Planning, Philanthropy/Charitable Giving

Filling in the Gaps: Extrinsic Evidence and s. 21.1 of the SLRA

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On June 15, 2024, Robert Chang (“Robert”) received an unexpected text from his brother, Luen-Wen Chang (the “Luen-Wen”). Luen-Wen advised Robert that he was ill and asked Robert to visit him as soon as possible. Luen-Wen also said he wanted to “give [his] will” to Robert. On June 19, 2024, Robert (who lived in Dallas, Texas) visited an Etobicoke Hospital and learned that Luen-Wen was terminally ill. During this visit,….

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Wills
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