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.

Bill 245 and Changes to the Succession Law Reform Act

On February 5, 2021, I wrote a blog on Section 16(b) of the Succession Law Reform Act. Now, almost three months later, Ontario’s Bill 245 has received royal assent. Among many other changes to various pieces of legislation, Bill 245 revokes section 16 of the Succession Law Reform Act (the “SLRA”) in its entirety. Accordingly, a Will will no longer be revoked by a subsequent marriage of the testator. This….

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Reflections before the Budget

On April 19th, the federal government will table its first budget in two years. This budget comes in the middle of Canada’s third wave of COVID-19 and is set to address the pandemic’s resulting economic challenges. Practitioners can likely expect, if they are not receiving them already, calls from clients eager to update their estate plans in anticipation of the budget. I am not going to add my voice to….

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Section 16(b) of the Succession Law Reform Act: A Different Kind of Spousal Election

In Ontario, s. 15 of the Succession Law Reform Act (the “SLRA”) provides that a Will is revoked by a subsequent marriage of the testator. Practitioners who are meeting with a client in the weeks leading up to his or her marriage will often prepare a Will that contains a statement that the Will was made “in contemplation of the marriage”, which will ‘save’ the Will from revocation by the….

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Estate Planning, Wills

Secret and Semi-Secret Trusts: An Unusual Approach to Testamentary Dispositions – Part II

Guest written by Giancarlo Mignardi, Student-at-Law at Fasken Martineau DuMoulin LLP Last week, I provided an overview of secret and semi-secret trusts, as well as the legal framework that allows for their existence. Today, I will discuss some of the practical uses of such trusts in modern estate-planning, as well as some of the difficulties that arise in proving these trusts. As will be noted, while these unique arrangements can….

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Trusts

The Upcoming Federal Election: Changes that Could Affect the Advice Provided by Estate Planners

On Monday, October 21st, Canadians will go to the polls to elect the federal government. While the major parties’ platforms address many issues that are important to Canadians, there are several that will, in particular, impact the personal finances of Canadians and, ultimately, the advice provided by estate planners:[1] Personal Income Taxes All of the major parties have proposed changes to current tax rates: The Liberals have proposed tax cuts….

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Difference Between a POA and an SDM

Written by Fatima Husnain, student-at-law at Fasken Martineau DuMoulin LLP Prior to law school, I worked in a hospital inpatient mental health unit. Many of the patients were unable to make their own health care decisions and relied upon other individuals to make decisions on their behalf. If anyone had asked me at that time what a power of attorney for personal care (“POA”) was, I could not have answered…..

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