Dealing with Real Property in Wills – There’s more to consider here than meets the eye!!

Generally speaking, real property (“property”) is often not specifically dealt with in a Will and therefore, it forms part of the residue of an estate.  In this case, the executor is generally required to sell the property for cash as soon as possible, but this may not be the best strategy and other options should be considered. First things first, occasionally a client’s recollection is imperfect, so confirming how legal….

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Reflections on my debut year in Estate and Trust Administration

This blog was written by Collia Barnaby After four years as a Financial Advisor, a role that I was very passionate about, in 2018 I made the transition, to work in the Estate and Trust Department.  I would never have imagined how interesting this role can be and what a rewarding feeling as I mature in my new career! Exploring my new found love in Estate and Trust Management can….

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Estate Administration

COVID-19 update: Court must not cross the line to clear up hypothetical limitation period confusion

The government suspended limitation periods between March and September due to COVID-19. The government believed that it had properly done so. Nevertheless, the government asked the court to confirm it had properly done so due to amorphous concerns that had been raised. Justice Myers dismissed this application as it would have the court cross the line that separated an independent judiciary from the executive and legislative branches. The government had….

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Courts, Limitation periods

Goodbye November

This past weekend was the American Thanksgiving.  In Canada we knew it was their Thanksgiving because advertising for  Black Friday sales was everywhere.   First it was on Friday, then it included Saturday and Sunday and now we have Cyber Monday.   Enough shopping!- especially as most of it is on line and for those of us who are ‘in the red zone’, it is a bit more challenging to support our….

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Do Personalty Clauses Cover All Personalty?

Today’s blog was written by guest blogger, Yvonne Mazurak, Articling Student at  Fasken LLP. With today being Black Friday, it seemed appropriate to write a post about things. Afterall, many of us will likely spend some time this weekend taking advantage of Black Friday deals and buying things for our loved ones (and possibly for ourselves as well). Personal items, or personalty, can be bequeathed to beneficiaries through the use….

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Contested wills, Estate Planning

Charitable, but not that charitable

This blog was written by Paula Lester – Estate and Trust Consultant with Scotia Wealth Management No one can question that Eleena Murray, who passed away in May 2017 at the age of 99, had charitable intentions. On the other hand, exactly how charitable her intentions were is at the heart of pending litigation between Eleena’s family and the SPCA. Eleena’s Will, executed in 2003, leaves $440,000 in specific bequests….

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Charitable Giving, Contested wills, Estate Administration, Estate Litigation, In the News
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