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

Intergenerational business transfers – estate planners beware

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In an article written on January 10, 2023 by the Canadian Federation of Independent Business (CFIB),over $2 trillion in business assets could change hands within the next decade as over three-quarters (76 per cent) of small business owners are planning to exit their business. Unfortunately, as the article points out, only one in ten business owners have a formal business succession plan in place. With the proposed amended intergenerational business transfer….

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Business Succession Planning

June is Seniors’ Month

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Cheerful seniors having fun while taking selfie at retirement community. stock photo

Congratulations Nick Taylor, our RBC Canadian champion! ~~~~~~~~~~~~~~~~~~~~~ The National Institute of Aging in 2020 indicated that 91% of older Canadians wanted to remain living in their own home. I frequently write and speak on this very important issue and today I will be participating in the National Seniors Council round table discussion on supporting aging at home. The expert panel previously identified several  key perspectives that impact older Canadians….

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Caregiving

How Much Should You Leave To Your Children And When?

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This week, I had a great opportunity to sit down with Andy Jeffery, Vice President, Family Office Advisory, at Northwood Family Office,[1] to discuss a question frequently raised by clients; “How much should I leave my children and when?” Below we distill our discussion into five questions, providing you with both of our perspectives, being that of a family office advisor and an estate planner. Do clients seek guidance in….

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Estate Planning, Trusts
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