Gifting 101 – Ademption and Abatement

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Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. The world of wills and estates is a complex one, and it can be easy to lose sight of the bigger picture.  A refresh of keystone practice elements can help remind us to see the forest through the trees.  In this blog, we’ll work through some of the basics of gifting using the concepts of ademption and….

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Estate Planning, Property, Wills

“Hypothetical and Premature”: Challenge of Will, POAs, and Trust While Grantor Alive and Capable

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A few months ago the Ontario Court of Appeal released its decision in Palichuk v. Palichuk, 2023 ONCA 116 (CanLII) (“Palichuk”) which upheld the decision of the applications judge. The applications judge dismissed a guardianship application and awarded costs against the appellant. The appellant sought guardianship of her mom and alleged that her mom lacked capacity to execute a will, powers of attorney for property and personal care, and transfer….

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Capacity Law, Powers Of Attorney and Guardianship Disputes

Leveraging the Longevity Dividend – in an Ageing Canada

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We are in the midst of a longevity revolution where people live longer and healthier lives. Economists in the US and UK have written about the longevity dividend or the benefits we could realize with this significant societal shift. Canadian institutions such as governments, corporations, and academics are starting to take note. The Longevity Dividend Last week, I attended a conference at the University of Toronto entitled the “Future of….

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Elder Management, Estate Planning, Smart Ageing

Personal Effects – to Bequest or not to Bequest

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP. As I’m sure many of us know, it can be very easy to accumulate “things” over the years, and sometimes we really only discover how much we actually have during a move, or when cleaning out the contents of a loved one’s home after their passing.  Being an ‘acquiror’ of things – memorabilia for a favourite sports team,….

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Estate Planning, Executors, Family Conflict, Wills

The Perpetual Debate over Endowments

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  Charitable endowments are having a challenging moment.  Despite the historical success of this medieval European charitable fund structure, the accumulation of capital for public benefit has always faced controversy.  Endowments, which focus on long-term public benefit, have a built-in tension between capital and annual spending.  Does the capital exist to provide steady future good, or could it be used better now?  Canadian Context Canadian private and public foundations hold….

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Charitable Giving, Philanthropy/Charitable Giving, Uncategorized

Court Awards Punitive Damages Against a Former Estate Trustee

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In a recent decision, the court awarded punitive damages against a former estate trustee who had ignored a number of court orders requiring her to account. In 2002, the estate trustee (“Lorali”) was appointed a co-estate trustee of her late mother’s estate (the “Deceased”). Subsequently, her co-estate trustee died in 2013, leaving her the sole estate trustee. Pursuant to the terms of the Deceased’s Will, the estate trustees were directed to….

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Estate Litigation
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