February 2025

Turbulent Times and Estate Planning

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This blog has been written by Rahul Sharma, Partner, at Fasken Martineau DuMoulin LLP, Toronto The world is changing very fast and conversations that I am having with people today include generous helpings of “T” words other than “tax” and “trust.”  I could try to keep count of how many times I hear the word “tariff”, but the score is obviously high.  So much so, in fact, that even my elementary….

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Estate Planning, Tax Issues, Trusts, valuation

Is it a Handwritten Note or Will?

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This blog post was written by: Alicia Mossington, Estate and Trust Consultant, Scotiatrust London Historically in Ontario, a Last Will and Testament was required to meet strict formal validity requirements to be considered valid. The requirements set out in the Succession Law Reform Act required a Will to be in writing and signed by the testator in the presence of two witnesses who also signed the document. There was a….

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Contested wills, Estate Administration and Probate Applications, Estate Planning, Executors, Testamentary Capacity, Wills

Rebutting the Presumption of a Resulting Trust: Fundamental Principles

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It is not uncommon that a person will add someone else, often times a family member, to their bank accounts as a joint owner or create a new bank account with that person as a joint owner in order to avoid probate fees. This may also be done with other assets as well, such as properties. However, disputes may arise as to whether, on the death of the one account….

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Uncategorized

This article is not about tax

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This article is written by Nicole Ewing, Principal, Wealth Planning Office, TD Wealth As an estates and trusts professional, I’ve certainly had my share of conversations about death, taxes, and all the in-between. I’ve discussed the pros and cons of various approaches, tools, and strategies. I’ve helped those who are all consumed by the planning process and others who could barely give a hoot. But this last year has given….

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Estate Planning

Keeping Steady in Interesting Times

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a man kayaks in an ocean with some swells behind him

We live in interesting times. This phrase has been coming to mind all week after meeting with a family who is managing the care of their elderly father with advanced Alzheimer’s disease. They asked questions about managing his care and shared their other daily challenges. For example, like you, they have hectic family lives, demanding professional careers and feel the stress and unease that has come with threats to our….

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Caregiving, Elder Management, Smart Ageing

Powers of Attorney for Property – Part II: Creation and Termination Essentials

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This blog has been written by Pritika Deepak, Associate at Fasken LLP. In the continuation of the discussion on Powers of Attorney for Property (“POAs”) in Ontario, it is important to understand the nuances of drafting and executing these documents to ensure their validity and effectiveness. As mentioned in Part I of this series, which can be found here, Ontario  recognizes POAs under common law, the Powers of Attorney Act[1]….

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Power of Attorney
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