Emily Hubling

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Emily Hubling is a partner in the Trusts, Wills, Estates and Charities group at Fasken. Emily has experience in advising estate trustees in administering a range of complex estate matters, including intestacies, cross-border matters, and contested estates. Working closely with clients’ advisors, Emily prepares Wills, Powers of Attorney, and Trusts to assist clients in fulfilling their unique estate-planning objectives.

Co-ownership Agreements: Another Tool in the Planner’s Toolkit

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I wrote last summer about the use of cottage trusts as a planning tool. As cottage season is upon us again, I thought I’d write about another useful tool in the planner’s toolkit, particularly where several members of a generation are likely to share ownership of a cottage property: the co-ownership agreement. While it’s important to consider the mechanics of transferring a family property to the next generation, it’s equally….

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Cottage, Estate Planning, Property, Real Estate, Succession Planning, Trusts

A Novel Approach to Locating Missing Heirs

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Much has been written on All About Estates about “missing” elements in an estate administration – missing assets, missing heirs, and even missing estate trustees. In the case of missing heirs, the executors have an obligation to take reasonable steps to locate the beneficiaries of the estate. Executors cannot simply distribute the estate to those beneficiaries who are easy to find, or assume that missing beneficiaries do not exist. While….

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Estate Administration, Estate Litigation, Estate Planning, Executors, Trustee

Gifting personal effects: a useful (and heartwarming) planning strategy

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Lately, I’ve found myself having in-depth conversations with some of my older clients about what will happen to their personal effects after they pass away. Many of these clients express the same concerns: they don’t want their beneficiaries to fight over their belongings after their death, they don’t want to burden their families with difficult decisions about what to do with these possessions, they are concerned that their families won’t….

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Estate Planning, Family Conflict, Wills

Cottage Trust Planning – Points for Consideration

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Fall officially arrives on Monday. School has started, the leaves are turning colour, and for many families, it’s time to think about closing the cottage for the year. As estate planners know, the cottage is not an ordinary asset. It’s a special place where memories are made and traditions are passed down, and as a result, planning for its succession can be challenging. Often, individuals will include a trust in….

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Cottage, Estate Planning, Property, Succession Planning, Trustee, Trusts, Wills

Avoiding an Accidental Intestacy: A Reminder for Drafting Lawyers

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I recently had the pleasure of leading a course for lawyers who want to learn how to draft Wills (or improve their existing skills). One of the topics that we discussed at some length was how best to draft a residue provision in a Will, where there are multiple residuary beneficiaries. I thought it may be helpful to summarize a key discussion point from our session here, as in my….

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Estate Administration, Estate Planning, Wills

Executor on the Case: Becoming a Detective for Missing Assets

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Much has been written on All About Estates on the topic of missing heirs – how to find them, and what to do if you can’t. But what happens if you have missing assets? Perhaps you’ve been appointed as an executor of an estate where you have very little information about the deceased’s assets. Or maybe you have an understanding that there’s a bank account at one of the big….

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