April 2024

Incomplete and Unprocessed Beneficiary Designation Held Valid

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Anna Chen, Associate, Gowling WLG (Canada) LLP In the recent decision, The Estate of William Harper,[1] the Court was asked to determine whether a two page beneficiary designation form that was missing its first page (the page on which the account number would be indicated) and not processed by the financial institution was valid. Facts William Harper, deceased (the “Deceased”), died on September 5, 2019.  At the time of his….

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Estate Planning, Succession Planning, Uncategorized

Guardianship Applications: Evaluating Decision-Making Capacity of Minors Who Are Soon to Become Adults

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Nathan Spaling (my colleague from the Capacity Clinic) and I are often asked to conduct capacity assessments in the context of guardianship applications. On occasion, the application is brought by a parent seeking to be appointed as the guardian of property for a child who is about to become an adult (i.e., the child is nearing their eighteenth birthday). Adults are presumed to have capacity to manage their own property…..

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Uncategorized

Can solicitor-client privilege protect estate trustees from claims brought by beneficiaries?

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Today’s Blog was written by Mohena Singh, Associate at Fasken LLP. As estate planners, we are regularly engaged by individuals who are acting as estate trustees. This role can often be a long endeavour as it could take several years to administer an estate. During an administration, estate trustees are entrusted to make important decisions, including how to invest estate funds and making distributions to beneficiaries. Sometimes a beneficiary may….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Executors, Uncategorized

But We Had a Deal – Overview of the Law on Motions to Enforce a Settlement

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Generally, many of the estate litigation cases we see settle before the hearing of the application or before the matter proceeds to trial. However, quite often, minutes of settlement are not executed at the time an agreement is reached. Indeed, cases are sometimes resolved late in the evening or there is an agreement in principle or signed settlement terms, with a formal agreement to follow. While parties may be able….

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Contracts, Estate Litigation, Family Conflict, Uncategorized

Trust Lending to a Beneficiary

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There may be instances where a beneficiary has an immediate need to access funds held in trust yet, the terms of the trust prevent the trustees from proceeding with an income or capital distribution to such beneficiary. In such a situation, if the deed of trust grants the right to the trustees to make a loan, it may be appropriate for the trustees to consider lending an amount to the….

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Loans, Trustee, Trusts

April is Parkinson’s Awareness Month

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April is Parkinson’s Awareness month. Parkinson’s disease is the second most common neurodegenerative disease after Alzheimer’s that affects the brain and cognitive function. While care management for Alzheimer’s and other dementias often gets more visibility, Parkinson’s disease can be just as complex to manage. With an aging population, the incidence of Parkinson’s is increasing, so estate planning advisors need to understand the disease process and assist clients in how to….

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Caregiving, Elder Management, Smart Ageing
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