Are wills an essential service?

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Every COVID-19 day we seem to learn a new phrase.  Not so long ago we discovered “social distancing”, and this week it is “essential services”.  The list of services and businesses that we can’t do without varies by province, but most include financial and professional services, including lawyers.  Wills are an essential service and the demand for them is growing. By pointing this out I don’t mean to be alarmist….

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Estate Donations, Estate Planning, Wills

COVID-19 update: Limitation Periods Suspended and Working from Home

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As I noted in my previous blog on COVID-19, the civil courts (including the estates list) have suspended regular operations. Now that government has made an order under sections 7.01 and 7.1 of the Emergency Management and Civil Protection Act to suspend limitation periods and other statutory deadlines as at March 16, 2020. Under the order, any limitation period statute, regulation, rule, by-law or government order is suspended for the….

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In the News

Time to Refreeze: Redux

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The freezing of current share value so that your chosen successors can easily participate in the future growth of your enterprise is a common estate planning technique. What if the value of the frozen shares now exceeds the value of the enterprise as a whole? I wrote about this sometime ago and I think the current economic circumstances create an opportunity to revisit it. The Covid-19 crisis has lead to….

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Business Succession Planning, Canada Revenue Agency, Estate Planning, In the News, Investments, Property, Real Estate, Small Business, Succession Planning, Tax Issues, Trusts, Uncategorized, Wills

We Are Not Fortune Tellers But….

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Today’s blog is being brought to you by guest blogger, Krista Brown, a law clerk in the Private Client Services group of Fasken LLP. The year 2020 has proven to be quite challenging thus far. It is a test and a reminder of the importance of our job as estate practitioners. We spend our days assisting clients in preparing for unforeseen circumstances, such as the birth of children and grandchildren,….

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Estate Planning

Delusions and Capacity

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 This Blog was written by Emily Racine, Estate and Trust Consultant with Scotia Wealth Management We all know how important it is to have a valid will. Part of that validity stems from ensuring that the testator was capable and of sound mind when he or she signed the will.  This test can become tricky, however, if the testator is suffering from delusions or hallucinations. While it seems instinctually clear….

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Capacity Law, Contested wills, Uncategorized, Wills
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