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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.

Marriage Contracts: Process Over (okay, at least equal to) Substance

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This blog has been written by Darren Lund, Partner at Fasken LLP.   In several of my previous blogs, I have written about marriage contracts, and why they are an important element of estate planning. From a substantive perspective, there are many reasons why these agreements are relevant and may be needed to support a comprehensive estate plan.[1] If a family business owner has implemented an estate freeze that includes….

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Estate Planning, Spouse

Newlands Revisited: Moving to the Appeal

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This blog has been written by Darren Lund, Partner at Fasken LLP In a previous blog, I wrote about the Ontario Superior Court of Justice decision in Lang-Newlands v Newlands, 2024 ONSC 6285. To briefly summarize, the Newlands case considered a number of issues, but the key issue of interest for estate planners is the court’s analysis of an “estate freeze” transaction that occurred during the parties’ marriage. Barbara and….

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

We Have a Joint Ownership Problem

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This blog has been written by Rahul Sharma, Partner, at Fasken Martineau DuMoulin LLP, Toronto Joint ownership of property with a right of survivorship is perhaps the most common or popular means by which a couple, for example, owns a home in Ontario.  Simply put, “joint with right of survivorship” means that when one of the two joint owners dies, the other becomes the owner of the property.  The succession….

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Estate Planning, Property, Spouse, Succession Planning, Tax Issues

Powers of Attorney for Property – Part III: Drafting Considerations for specific provisions

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This blog has been written by Pritika Deepak, Associate at Fasken LLP. The final part of this three-part blog series discussing Powers of Attorney for Property (“POAs”) in Ontario, will focus on specific provisions and some considerations to keep in mind when drafting these documents. Specifically, it will provide a high-level overview of the use of multiple POAs, considerations for appointments, and conflict of interest provisions in POAs. Multiple POAs….

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Estate Planning, Power of Attorney, Succession Planning, Uncategorized

Decoding the Mysteries of a Testator’s Intention

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This blog post was written by Mohena Singh, Associate at Fasken LLP. Imagine a picturesque cottage in Shrewsbury, Ontario, a place filled with family memories and the promise of future gatherings. This cottage, however, became the centre of a legal conundrum after the passing of its owner, Floyd Kersey (“Floyd”), and the subject matter of the case of Spencer v. Spencer et al.. Floyd’s will, crafted in 1983, was meant….

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Cottage, Estate Planning, Family Conflict

(Not So) Happy Little Accidents: The Legal Legacy of Bob Ross

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Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Last weekend my husband and I settled in for a typical Sunday night at home – cozy on the couch with a good Netflix documentary. We decided to watch “Bob Ross: Happy Accidents, Betrayal and Greed”. What I didn’t expect was that not even 15 minutes into the documentary, I’d find myself running back to my office to….

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Business Succession Planning, Contracts, Estate Litigation, Estate Planning, Succession Planning, Trusts
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