You Wear the Executor Hat First

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It’s not easy being an Estate Trustee and a beneficiary. However, an Estate Trustee must be ever mindful that she wears the executor “hat” first. In other words, the duties an Estate Trustee owes to the beneficiaries must come before the Estate Trustee’s own interests. Otherwise an Estate Trustee will be at risk of breaching her fiduciary duties and, at the end of the day, may not be entitled to….

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Compensation, Estate Administration, Trustee Compensation

More than the estate you leave behind

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This blog was written by Justin Ecclestone, Estate and Trust Consultant with Scotia Wealth Management  In the estate planning world we come across people from many different walks of life with unique stories. I have noticed that clients tend to focus all their attention on the will while the powers of attorney are often an after thought. A strong estate plan is much more than an updated will. Having a….

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Now Updating…Do Not Give Up Before All Revisions Are Complete

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Today’s blog was written by Sandra Arsenault, Law Clerk at Fasken LLP, in collaboration with Jessica Butler, Law Clerk at Fasken LLP. As we move into fall and the corresponding back to school (or office) routines, we in estates administration have a further revision to our primary “textbook.”  The latest update to the CSD Estates Procedures Manual (the “Manual”)[i] is now available. This Manual, which used to be published once….

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Estate Administration, Estate Administration and Probate Applications, Executors

Intestacy and Removing an Estate Trustee

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In Letourneau v Summers, the court examined the factors required to remove an estate trustee when there is an intestacy. The Applicant was the 82-year-old mother of the Deceased. She was the sole beneficiary of the Deceased’s Estate.  The Respondent was the Deceased’s brother and the Applicant’s son. The Respondent’s appointment as the estate trustee without a will was originally on consent but the Applicant quickly became disillusioned with her son’s administration….

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Estate Administration, Estate Litigation

LEAVING A LEGACY FOR YOUR CHILDREN: SHIFTING PRIORITIES OVER TIME

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This Blog was written by Emily Racine, Estate and Trust Consultant with Scotia Wealth Management  As an estate planner, I can divide the people that I see into two types of clients – clients who want to spend all their money before they die and clients whose major concern is structuring and maximizing the transfer of wealth to the next generation. For the first type of client, I always jokingly….

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Estate Planning, Uncategorized

Selling Shakespeare’s Portrait

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In Meuse v. Taylor, 2022 ONSC 1436, the Court considered the grounds for removing an estate trustee. Facts The events giving rise to the Application involved a purported portrait of William Shakespeare painted during his lifetime. If authenticated by an interested buyer, the portrait had a potential value of USD $50,000,000; if simply a 400-year of painting, the value would be far less. The portrait was the primary asset of….

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