July 2024

Removing and Replacing An Incapable Estate Trustee

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Cartoon of a big white brain behind an older adult walking with a cane to represent dementia.

Andrew Coates, Associate, Gowling WLG (Canada) LLP Betty Laidlaw contributed an informative two-part series in 2023 regarding “What Happens If Something Happens to Your Executor?” In the second part, Betty explained the process for the alternate executor named in a Will making an application for a Certificate of Appointment of Succeeding Estate Trustee with a Will under Rule 74.06 of the Rules of Civil Procedure in the circumstance where the….

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Estate Administration, Estate Administration and Probate Applications, Executors, Trustee

Smart Ageing: Lessons from the Business World

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Woman wearing glasses at home concentrating as she works on a laptop. Middle-aged woman working from home on laptop. Portrait of executive mature woman typing on laptop while working at home. photo – Working Image on Unsplash

Ageing is a hot topic in the news this summer as the US presidential campaign ramps up. Our family was in town for the Fourth of July holiday, and invariably, the conversation turned to aging, working, and when to retire. With people living longer and in good health, many people will choose to continue working. How do we plan for smart ageing, and what lessons can we apply from the….

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Elder Management, Estate Planning, Smart Ageing

Planning for Cottage Season

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP With the summer months now here, we enter into another cottage season – a time for family and friends to gather, make new memories and relax and unwind. For many, cottages hold significant sentimental value. They are a place to spend time with loved ones and to watch children, and even grandchildren, grow up. But before jumping into….

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Cottage, Estate Administration, Estate Planning, Property, Uncategorized

Resulting Trusts Strike Again!

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The recent case of Zapata v Zapata, 2024 ONSC 3677 (CanLII) provides a useful refresher on the doctrine of resulting trust. In Zapata, the applicant sought a declaration that she was entitled to the proceeds of sale of a house in Toronto. The house was previously owned by the applicant and her husband as joint tenants. The applicant wanted to sell the house but her husband refused. On the advice….

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Uncategorized

The Buy-Sell Agreement At Death

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Estate and corporate advisors often suggest to shareholders to enter into a shareholders’ agreement. The shareholders’ agreement is essentially a contract where the shareholders plan in advance for certain contingencies or future events for which they are in agreement as to the outcome. Essentially, the shareholders’ agreement governs the shareholders’ relationship and the rules and procedures in case of a dispute or an event, notably, the transfer of shares on….

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Estate Administration, Estate Planning, Small Business, Tax Issues, Wills
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