How’s it going … with the new probate forms?

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It has been two months since the new process and forms for obtaining a Certificate of Appointment (probate grant) came into effect at the beginning of the year under Ontario Regulation 709/21.  As my colleague, Sandra Arsenault, wrote in her blog “The new amendments, which come into effect as of January 1, 2022, drastically alter the probate procedure by eliminating 43 existing forms, introducing 8 new consolidated forms and amending….

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Estate Administration, Estate Planning, Executors, Wills

Multiple wills – potential benefits for clients with assets in multiple jurisdictions

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This blog was written by Pius Omene, Estate and Trust Advisor at MD Private Trust Company which is part of Scotia Wealth Management The multiple wills strategy is a popular approach recommended by estate planning experts –especially in Ontario and British Columbia where it received judicial approval – and particularly for those who own private company shares. The strategy has been extensively explored in previous blog posts and one of these posts alluded….

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Is It A Forgery?

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Many of us in the estates and trusts world have encountered a situation where a client or party has alleged that a signature or handwritten note is forged. The evidence of a forensic document examiner, or handwriting expert, is sometimes led to assist a party in establishing that the signature or handwriting is a forgery. In Chishti v. Northside Pharmacy Ltd. et al, 2021 NBQB 35 (CanLII) (“Chishti”), the court….

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Credibility, Estate Litigation

(Financial) Cost of Providing (Unpaid) Care

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After enjoying Family Day and acknowledging the importance of family, I wanted to share with you some of the latest statistics on the “Value of Family Caregiving in Canada” published February 2022.  Recognition goes to the University of Alberta Research on Aging, Policies and Practice (RAPP) and is based on analyses of Statistics Canada’s 2018 General Social Survey on Caregiving and Care Receiving. We know that 1 in 4 Canadians….

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Elder Care

Happy Executor, Happy Administration

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP The death of a loved one is never easy to handle, but add on the additional responsibility of acting as an executor and you almost don’t have time to grieve the loss. One of the questions we should be asking our clients when starting to draft their Will is who will be the executor? It’s an important role,….

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Estate Administration, Executors

The Virtual Mediator: Fact or Fantasy?

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This post was written by Diana Leopardi   It’s March 15, 2050, Eric Smith dictates an email reply to an asynchronous based mediation regarding an estate settlement issue. He then voice activates his favorite Spotify playlist and prepares to video chat his sister who lives across the country. In a couple of hours, he will have to log onto the virtual courtroom, along with all of his siblings to review….

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