June 2023

Ontario Courts determine what constitutes a valid will

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This blog has been written by Mohena Singh, Associate at Fasken LLP In Ontario, there have always been strict and specific guidelines as to what makes a will a testamentary document. The Succession Law Reform Act, R.S.O. 1990, c. S.26 (the “SLRA”) states that a will is valid only if it is in writing and it is signed by the testator and two witnesses, who do not benefit under the….

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Contested wills, Estate Planning, Wills

The Defence calls Ed Sheeran

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*There are 22 Ed Sheeran song references in this blog. How many can you find?* The key to winning any court case? Sing. You’ll make the judge swoon. If you are acting as the executor for the estate of an artist, intellectual property is likely your most valuable asset. Some estates of famous musicians use copyright infringement lawsuits as a means of generating income long after the artist’s death. The….

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Uncategorized

Monday, Monday……

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While Toronto is voting for a new mayor today, I thought I would highlight some issues that are front and centre for me.  They don’t appear to be in anyone’s election campaign but regardless, they are very important to those of us are interested in supporting aging Canadians.  Solo seniors: Women are outliving their male partners and many woman find themselves on their own- by choice or circumstance. There are….

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Elder Care

Gifting 101 – Ademption and Abatement

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Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. The world of wills and estates is a complex one, and it can be easy to lose sight of the bigger picture.  A refresh of keystone practice elements can help remind us to see the forest through the trees.  In this blog, we’ll work through some of the basics of gifting using the concepts of ademption and….

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Estate Planning, Property, Wills

“Hypothetical and Premature”: Challenge of Will, POAs, and Trust While Grantor Alive and Capable

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A few months ago the Ontario Court of Appeal released its decision in Palichuk v. Palichuk, 2023 ONCA 116 (CanLII) (“Palichuk”) which upheld the decision of the applications judge. The applications judge dismissed a guardianship application and awarded costs against the appellant. The appellant sought guardianship of her mom and alleged that her mom lacked capacity to execute a will, powers of attorney for property and personal care, and transfer….

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Capacity Law, Powers Of Attorney and Guardianship Disputes
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