March 2023

Wedding Season is Here: The Impact of Marriage on Estate Planning

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As we turn the corner from winter to spring, we also enter into another important time of year: wedding season. With the start of this season, estate planners should remind themselves, and their clients, of a few of the critical intersections between family law and estate law that specifically impact married (as opposed to cohabiting) couples: As of January 2022, following the passage of the Accelerating Access to Justice Act,….

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Estate Planning, Property, Spouse, Wills

ChatGPT, draft my will

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I saw a meme the other day that said “No one hates lawyers more than other lawyers”. After reading this post, I think lawyer hate is about to get redirected. The surprising part of law school is that it doesn’t actually teach you how to draft legal documents. A prompt in ChatGPT to write a prenuptial or separation agreement will get a response that it “cannot provide legal documents such….

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Uncategorized

General Revocation Clause in Will was Insufficient to Revoke Beneficiary Designations

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In Alger v. Crumb, the Ontario Court of Appeal confirmed that a general revocation clause in a will did not revoke the testator’s TFSA and RRIF beneficiary designations. The Court concluded that under s. 51 and s. 52 of the Succession Law Reform Act (“SLRA”), the beneficiary designations have to be expressly referenced in a revocation clause and dismissed the appeal. Background The testator was survived by her four children.  Her four….

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Estate Litigation

Story of My Family

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Story of My Family is a Japanese drama that I have started watching on Netflix and  so far, in episode one it has all the intrigue that we see in the world of estates, including challenging family dynamics, aging, incapacity and undue influence. We are introduced to an aging pro wrestler who returns to his family after 20 years to fight for his inheritance when his father — a respected….

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Caregiving

Does a Grantor have the Capacity to plan their Incapacity?

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This blog has been written by Mohena Singh, Associate at Fasken LLP As estate planners, one of the most important aspects of our job is to discuss incapacity planning with our clients. Mental incapacity has become a social, health and legal challenge that affects a surprising number of Canada’s senior citizens. According to Statistics Canada, by 2068 it is projected that over 20% of Canadians will be over the age….

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Capacity Law, Caregiving, Estate Planning, Uncategorized

ChatGPT, do my work for me

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What’s a professional way to say “You sound crazy and this is a horrible idea”? This is a question that was normally reserved for work BFFs. But artificial intelligence has come a long way and now gives out HR approved wisdom like: “While I appreciate your creativity and passion for this project, I have some concerns about the practicality and potential outcomes of this idea. Perhaps we could explore some….

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