How Does Private Adoption Work?

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In my blog post of June 11, 2021, I wrote about Estate Planning and Adoption. I had many positive responses to that post from the estates community, so I thought I would write in more detail about the process. In Ontario, potential adopters can take three paths towards adoption: private domestic adoption through Ministry approved licencees or adoption agencies; private international adoption; or public adoption (through the Children’s Aid Society)…..

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The Question of Executor: Who, What, When, Where and Why?

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This blog was written by Maggie Dalke – Estate and Trust Consultant with Scotia Wealth Management Estate planning can be very complex and there is always a lot of detail to cover with our clients. We look at how to achieve a tax efficient estate, address estate liquidity, beneficiary designations, family dynamics, cross-border considerations and how estate law intersects with other areas of law such as family law, corporate law….

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Estate Planning, Executors, Wills

A Tale of Two Versions: The Court of Appeal Invalidates a Will

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My colleague Joanna Lindenberg and I had previously blogged on the case of Bayford v. Boese (the decision and the costs decision, respectively) where the court upheld the validity of a challenged will (the second of two ‘versions’ of the same will). However, in Bayford v. Boese, 2021 ONCA 442 the Court of Appeal has set aside the lower court’s decision and invalided the will. The deceased Bruce Boese had….

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Contested wills, Estate Litigation, Executors, Wills

More Tech Companies Are Implementing Digital Legacy Planning

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When it comes to estate planning for one’s digital assets, it is now no secret that, depending on the organization(s) involved, options can be limited. This is particularly the case for online accounts. A few years ago, Fasken published a bulletin titled “Estate Planning and Online Accounts”. This bulletin examined a selection of major technology companies’ approaches to dealing with a deceased user’s account. Few companies allowed for any sort….

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Contracts, Estate Administration, Estate Planning, In the News

The Anxiety of Preparing an Estate Plan: What can we do to help

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This Blog was written by Emily Racine, Estate and Trust Consultant with Scotia Wealth Management After being in this business for nearly a decade, I often hear from clients about the stress and worry that is associated with estate planning. This stress can often cause a blockage for some clients forcing estate planning considerations to be put off to the side and stalling clients from having their plan completed. There….

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Estate Planning, Wills

The Importance of Fiduciary Duties

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The Oxford Dictionary defines a fiduciary as a person in a position of trust, especially when it involves controlling money or property belonging to others. The law places particular emphasis on the trust relationship between a trustee and a third-party beneficiary. Among other duties, a fiduciary is required to: (1) act in the best interests of the beneficiary, (2) not put their own interests ahead of the beneficiary, and (3)….

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Elder Care, Elder Law, Fiduciary Professions, Guardianship, Liability, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Trustee
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