Gifting Farmland, an Estate Strategy?

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Gifting property to the next generation is an estate strategy at its simplest form. For farming families, farm succession planning can often be complex considering the difficulties associated with “equalizing” a farmer’s estate between their children in circumstances where a child is actively involved in the farming business while the other is not. An equalization option that is sometimes considered by the farmer is to sever the farmland with the….

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Farm, Property, Real Estate, Succession Planning, Tax Issues

Please “Designate” on my Behalf: Welcome Amendments to the Ontario Succession Law Reform Act

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This blog post has been written by Darren G. Lund, Partner at Fasken LLP With the holiday season having only recently passed (although in many ways it feels like a long time ago already), I am reminded of how easy it is for news items to get lost in the hustle and bustle of year-end planning and preparations. In the estate planning world, this past year-end contained a welcome development….

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Estate Planning, Power of Attorney, Wills

Can an Ontario Codicil Amend a Quebec Will?

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This issue was recently considered by the Court in Re Pregent Estate, 2025 ONSC 7208 (CanLII). Roberta Anne Pregent died on February 8, 2024 in Kingston, Ontario. She left a last will and testament dated April 12, 1973, executed in Quebec, where she resided at the time. The will attached a handwritten “amendment” dated February 10, 1998, “to reflect the present situation”, signed in Ontario. Ms. Pregent’s daughter applied to….

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Travel Planning for a Person with Cognitive Impairment

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Bondi Beach

Many of us dream of escaping a Canadian winter, especially this year, with the repeated snowfalls and freezing temperatures. As our population ages, the annual migration of Canadian ‘snowbirds’ to warmer climates continues to grow. Travelling with a person who has cognitive impairments can be challenging, yet it is possible with adequate planning. As your International Estate Plan changes to reflect cognitive impairment, so should your International Lifestyle Plan. A….

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Elder Management, Smart Ageing

Starting With the Obituary

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As an estates law clerk, when I begin work on a new estate administration file, one of the first things I do is read the deceased’s obituary. It isn’t a legal document like the Will, but it often provides valuable background information about the deceased and helpful context about family members.[1] It feels respectful to acknowledge the person behind the file before shifting focus to the legal documents and formal….

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Estate Administration, Funeral Planning, Grief

The “Easy Solution” That Creates Estate Problems Later

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Scotiatrust

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust Most estate problems do not start with bad intentions or poor advice. They start with an easy decision. A parent adds a child to a bank account to make bill paying simpler. A couple downloads an online Will template to “get something in place.” A family assumes the oldest child will naturally take care of things when the time….

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Estate Planning, Wills
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