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.

“Just in case anything happens while I’m away…”

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It’s that time of year again for estate planners: the season of calls from clients about to leave for vacation, who realize that they haven’t updated their Will in years. These clients typically want to make sure they update their documents before departure, “just in case anything happens while I’m away…” I’ve often wondered after working on such a file whether the client’s worry is supported by evidence: are you….

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Estate Planning

When is “old enough”? Choosing an age for estate distributions

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I often meet with clients who wish to have Wills prepared which provide for trusts for their children. After explaining the nature of a testamentary trust to the clients, I typically recommend that they select a set age that the child is to receive the capital (or the remainder thereof) of his or her trust, with perhaps additional set ages for partial distributions.[1] In the vast majority of these meetings,….

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Trusts, Wills

Budget 2019: A Change to the Estate Administration Tax

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On April 11th, 2019, Ontario’s Ford government released its first budget. Of note to estates practitioners, as of January 1, 2020, Estate Administration Tax (commonly referred to as “probate fees”) will not be payable on the first $50,000.00 of an estate’s value. Currently, probate fees are levied at a rate of $5 per $1000, or part thereof, of the value of estate assets between $1,000.00 and $50,000.00, and a rate….

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Uncategorized

When Probate becomes an International Affair

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Co-written by Jennifer Campbell, estate clerk at Fasken Recently, we have dealt with a number of “international” estates, where (i) probate has been issued in a foreign jurisdiction, (ii) an executor is resident of another country, or (iii) a Canadian deceased held property outside of Canada. These matters have caused us to revisit the requirements set out for dealing with such international connections in order to obtain a Certificate of….

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Estate Administration and Probate Applications, Estate Planning

Seriously Delinquent: The IRS Can Have Your Passport Seized for Not Paying Taxes

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Guest written by Demetre Vasilounis, Student-at-Law For those with assets in, or some other connection to, the United States, it is important to take note of the fact that the country’s Internal Revenue Service (IRS) has gained one more tool to enforce tax liabilities on taxpayers. That tool is the power to revoke, limit or deny the issuance of a U.S. passport. U.S. Congress first enacted this controversial power on….

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Uncategorized

New Year, New Estate Plan

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It’s that time of year again – the holidays are coming to a close. As the festivities wind up, the new year brings a promise of renewal and a fresh start. Many people take the opportunity at this time of year to take stock of their lives, and their goals for the upcoming year. Often, these goals are financially-based, whether it’s saving more money, paying down debt, or just “getting….

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Estate Planning
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