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As a premier law firm with over 950 lawyers worldwide, Fasken is where excellence meets expertise. We are dedicated to shaping the future our clients want, precisely when it matters most. For more information, visit fasken.com.

Can solicitor-client privilege protect estate trustees from claims brought by beneficiaries?

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Today’s Blog was written by Mohena Singh, Associate at Fasken LLP. As estate planners, we are regularly engaged by individuals who are acting as estate trustees. This role can often be a long endeavour as it could take several years to administer an estate. During an administration, estate trustees are entrusted to make important decisions, including how to invest estate funds and making distributions to beneficiaries. Sometimes a beneficiary may….

Can solicitor-client privilege protect estate trustees from claims brought by beneficiaries? Continue Reading »

Contested wills, Estate Administration, Estate Administration and Probate Applications, Executors, Uncategorized

COTTRELL A MUST-READ FOR VALUING THE INTEREST OF A BENEFICIARY IN A DISCRETIONARY TRUST

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This blog has been written by Darren Lund, a partner at Fasken LLP In Ontario, trust law and family law have for some time taken very different approaches to valuing the interest of a beneficiary in a discretionary family trust. For trust lawyers, a beneficiary’s interest in a discretionary family trust is a “mere expectancy”. Beneficiaries who are part of the class of discretionary beneficiaries have a right to be….

COTTRELL A MUST-READ FOR VALUING THE INTEREST OF A BENEFICIARY IN A DISCRETIONARY TRUST Continue Reading »

Estate Planning, Family Conflict, Property, Separation, Trusts, Uncategorized

Cultivating More Than Just a Green Thumb: The Hermès Gardener’s Extraordinary Fortune?

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Today’s Blog was written by Jessica Butler, Law Clerk at Fasken LLP. Nicolas Puech (“Nicolas”), the 80 year old fifth-generation descendant of Thierry Hermès, founder of renowned fashion house, Hermès, made headlines in December when he announced that he plans to bequeath at least half of his fortune to his unnamed (but apparently incredibly talented) former gardener. The value of the Hermès brand is estimated to be €211 billion (approximately….

Cultivating More Than Just a Green Thumb: The Hermès Gardener’s Extraordinary Fortune? Continue Reading »

Estate Planning, In the News, Wills

Should AI Draft Your Will?

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Today’s Blog was written by Courtney Lanthier, Law Clerk at Fasken LLP Can it? Probably. Should it? Probably not. While the use of Artificial Intelligence (“AI”) seems to be a rising trend these days, it’s important to note that even though it has certain capabilities, that doesn’t mean it should be used for everything. Specifically, drafting Wills – at least not yet. It may seem like a quick solution to….

Should AI Draft Your Will? Continue Reading »

Estate Planning, In the News, Wills

Firearms, Wills, Estates, and the impact of Bill C-21

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Bill C-21- An Act to amend certain Acts and to make certain consequential amendments (firearms)   This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP Estates practitioners should be aware that Bill C-21, the controversial legislation which imposes strict gun control provisions Canada-wide, received Royal Assent and became law on December 15, 2023.  Bill C-21 amends several federal statutes, including, inter alia, the Criminal Code of….

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Estate Administration, Estate Planning, Executors, Uncategorized, Wills

Life is Simple. People are Complicated, including by Culture.

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This blog has been written by Rahul Sharma, Partner, Fasken Martineau DuMoulin LLP, Toronto I seem to keep bumping into quotes that remind me that life is simple, but people are complicated.  There are perhaps many ingredients to this complexity.  Culture is one of them. Last week, I presented at a conference as part of a panel on cross-cultural considerations in estate planning.  The conference was outside of Canada; nevertheless,….

Life is Simple. People are Complicated, including by Culture. Continue Reading »

Business Succession Planning, Estate Planning, Tax Issues
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