Spousal Trusts Without the Trust Issues: Picking the Right Trustee – A Primer and Reminder

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Brianna Fable-Watson, Articling Student, Gowling WLG (Canada) LLP When planning your estate, creating a spousal trust is an effective way to ensure that your spouse is financially supported while also protecting the inheritance for your children or other beneficiaries. In a typical spousal trust, your surviving spouse receives the income produced from your assets during their lifetime, while the capital is (potentially) preserved for the next generation after they pass…..

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Estate Administration, Estate Planning, Executors, Spouse, Trustee, Trustee Disputes

The Year of the Audit and the Introduction of “Prompted” Disclosures

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This blog has been written by Rahul Sharma, Partner, at Fasken Martineau DuMoulin LLP, Toronto 2025 is flying by.  We are now in its final quarter.  Looking back at the year, I can think of one consistent theme in my discussions with other tax professionals: Canada Revenue Agency (“CRA”) audits and reviews.  Industry professionals have remarked—and quite rightly, perhaps—that we are dealing with more audits, reviews and reassessments issued by….

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Canada Revenue Agency, Estate Planning, Tax Issues

When One Clause or Designation Derails an Estate Plan

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Scotiatrust

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust Recent decisions from the British Columbia Court of Appeal have underscored how fragile an estate plan can become when a Will is ambiguous, or when life insurance and beneficiary designations conflict with the testator’s broader intentions. These cases remind us that estate planning isn’t just about having a Will, it’s about making sure the pieces are consistent, coherent, and….

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Appeals, Contested wills, Courts, Estate Litigation, Insurance, Wills

When the “Wills Exception” to Solicitor-Client Privilege Applies

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Solicitor-client privilege is a fundamental legal principle that protects communications between lawyers and their clients. This principle allows clients to speak freely in front of their lawyers without fear of their conversations being disclosed to anyone else. In the estates world, the question can sometimes become, what happens to solicitor-client privilege when the client dies and production of the solicitor’s file is sought? The recent case of Butt et al…..

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Part I: Taxation of Trusts in Canada – A Broad Overview

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This blog has been written by Pritika Deepak, Associate at Fasken LLP. Trusts play a significant role in wealth management and tax and estate planning. This blog post is not intended to supplant the important role played by the various and excellent texts written and published on the taxation of trusts.  Rather, this blog post skims the surface of some important points to consider when dealing with trust taxation. Trusts….

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Estate Planning, Trusts

Supporting Loved Ones With Dementia: The Peace of Mind a POA Provides

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Scotiatrust

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust Dementia is not just a medical diagnosis; it’s a family story that unfolds over years. Canada’s numbers are climbing—projections suggest more than 1.7 million Canadians could be living with dementia by 2050. That’s a lot of spouses, adult children, and friends carrying new responsibilities—and often facing urgent decisions. The simplest way to bring calm to those moments is to….

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Estate Planning, Power of Attorney, Powers Of Attorney and Guardianship Disputes
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