October 2024

Lawyer Representation in Estate Litigation

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A recent case confirmed that estate trustees representing an estate in litigation must have a lawyer unless the court dispenses with that requirement. In Scarangella v. Oakville Trafalgar Memorial Hospital, Ms. Scarangella commenced a medical negligence action as a claimant under the Family Law Act and as the estate trustee on behalf of her late partner’s estate.  As she was self-represented, she brought a motion seeking leave to act on….

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Estate Litigation

Key Tax Deadlines for Estates Matters

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One of the responsibilities of an executor is to deal with the final tax return of the deceased and file the tax returns for the estate.  Most tax deadlines are statutory (established in the Income Tax Act) therefore, they are non-negotiable.  The executor should consult a tax advisor early to learn of all tax deadlines relevant to the estate.  The following will provide some guidance: Final T1 of the Deceased:….

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Estate Administration, Executors, Tax Issues, US Taxes

Insights to Make an Elder Planning Conversation Easier

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A family celebrates Thanksgiving.

Crisp, cool mornings and warm afternoons mean Autumn is here. Rosh Hashanah began last week, and Thanksgiving weekend is coming soon. It’s a time for friends and family to give thanks. It’s also the perfect time for families with older adults to consider pressing ‘The Plan Button.’ It could be time to start, re-open, or continue family elder planning conversations. And we know it’s not always easy. You may have….

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Elder Management, Smart Ageing

Of Books and Beneficiaries

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This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP. A Season of Beginnings, Endings, and Books As the leaves change and the weather cools, I imagine curling up in a cozy spot with a hot beverage and a new book. Autumn is when we salute the end of summer and greet a crisp new season. For some, this time marks a new year and a new….

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Estate Administration, Estate Administration and Probate Applications, Estate Planning, Executors, Wills

A Will of Its Own: Additional Wills for Unusual Assets

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Using “dual wills” as part of an estate plan is a well-established and frequently used strategy in Ontario and across Canada. This involves the execution of two wills. A Primary Will that deals with estate assets which cannot be distributed to a testator’s beneficiaries without a Certificate of Appointment of Estate Trustee (formerly “probate”), and a Secondary Will that deals with assets that can be distributed without the requirement of….

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Business Succession Planning, Estate Administration and Probate Applications, Estate Planning, Wills

Can Your Subscription Service Limit Your Estate’s Ability to Sue?

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*This blog post was written by Ruth Paul, articling student at de VRIES LITIGATION LLP* With over 80% of Canadian households subscribing to at least one streaming service, internet-based streaming platforms are becoming the preferred way to consume video media. The variety of content and the on-demand nature of streaming platforms entice consumers to subscribe to these services. As with most subscription services, streaming platforms require subscribers to consent the….

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