An Estate Plan for Fido

Clients often ask about how to best ensure their pets are cared for in their estate plans. It’s a topic this blog has covered before, from the care of commercial animals after the owner’s death, to the pitfalls in drafting clauses for the benefit of pets, to the curious case of socialite Leona Helmsley, who famously left $12 million to her dog, a bequest that was successfully challenged by her….

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Uncategorized

Supreme Court likely to leave Henson Trusts alone

A month from now, the Supreme Court of Canada will hear a case that may provide some guidance on the issue of what interest a beneficiary of a discretionary trust has in that trust. The high court has granted leave to appeal in the case of S.A. v. Metro Vancouver Housing Corporation. While some have worried that this case may impact Henson-style trusts (discretionary trusts set up to not impact….

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Estate Litigation, Trusts

Do You Have a BFF?

As Carol King so aptly wrote in 1971 “when you are down and troubled and need a helping hand…( sing along here as I am sure you know the lyrics)…you’ve got a friend, …ain’t it good to know you’ve got a friend”? Everybody needs a friend, regardless of age and seniors in particular often find themselves lonely and isolated. Being alone is different than being lonely. Loneliness is defined as….

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Elder Care

A Trustee’s Duty to Disclose: A Recent Ruling from the SCC

The Supreme Court recently released a decision that, while arising in the construction context, has important implications for estates practitioners. In the case of Valard Construction Ltd. V Bird Construction Co. (2018 SCC 8), a majority of the SCC found that, In general, wherever a beneficiary would be unreasonably disadvantaged not to be informed of a trust’s existence, the trustee’s fiduciary duty includes an obligation to disclose the existence of….

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Uncategorized

Domestic Contracts After Death

Interesting things happen when family law and estates collide. Battles over domestic contracts and houses lead to discussions of past mistakes, life experience, and occupation rent. Such was the case in Psarros Estate v Cook. As with many estates litigation cases, the Court was asked to determine a broad range of issues. Three issues in particular should be of interest to estate litigators. The Marriage Contract Mr. Psarros and Ms…..

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Contracts, Estate Litigation, Joint Tenancy, Spouse, Succession Planning

SPOUSAL SUPPORT AND BEYOND?

I was traipsing thru some estate journals and articles recently and I stumbled upon the reporting of a recent matrimonial case which gave me pause, and to many practitioners in estate and matrimonial matters, I am sure. Practitioners have long held the view that entitlement to spousal support under most matrimonial settlements do not survive the death of the spouse receiving the support.  As one Justice noted in a recent….

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Contracts, Estate Administration, Estate Litigation, Estate Planning, Executors, In the News, Separation, Spouse, Uncategorized
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