The Court’s Authority under the Parens Patriae Jurisdiction

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A court’s authority to make certain orders or decisions is not always founded in legislation or established case law. In the right circumstances, the court may find its authority from its inherent jurisdiction to do certain things, such as preventing abuse of process, controlling procedure, or protecting vulnerable parties. One such example is the parens patriae jurisdiction, which is founded on necessity and the need to act for the protection of those….

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Uncategorized

The Stages of an Estate Administration – Part 2

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken. In my previous blog, I discussed the initial steps to take when someone passes away, including obtaining essential details about the deceased, determining whether a Will exists and preparing a summary of the Will contents. Once this “background information” is complete, it’s time to move on to stage two – dealing with the assets and gathering information. This includes….

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Estate Administration

Charity or Parallel Foundation?

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[caption id="attachment_20034" align="aligncenter" width="300"] Detail of painting The End of Comedy by P. Alvarez, 2017[/caption] Recently, I received a note from a colleague who sits on the board of a social service charity as a volunteer.  This charity has an older, long-time donor who has named the charity in her will.  The problem is the charity prefers to have the estate donation to go to its parallel foundation, as it….

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Philanthropy/Charitable Giving

Court saves Gift from Ademption

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In a recent Alberta case, the court considered whether a gift of a commercial property should adeem as the testator did not personally own the property.    The testator left a valid September 26, 2017 last will and testament. In her Will, she gifts a commercial property equally to her three grandchildren and her two great-grandchildren (the “Grandchildren”). The Will states “that all land and buildings” of a commercial property’s….

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Wills

Estate Planning Considerations for Professional Athletes: Protecting Wealth Beyond the Game

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Scotiatrust

Yash Chavda, Articling Student, Gowling WLG (Canada) LLP A career in professional sports can be incredibly lucrative, but those earnings are typically concentrated into a short window, with most athletes reaching their peak earning years in their twenties and early thirties. During this period, athletes may sign major contracts, secure sponsorships, and build large personal brands. At the same time, they must navigate uncertainty, frequent relocation, and shifting financial circumstances…..

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Estate Planning, Wills

What Makes You a ‘Child’ in an Estate? A BC Case and the Ontario Contrast

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This blog was written by Jessica J. Butler, Law Clerk at Fasken LLP  A recent British Columbia decision[1] has revisited a deceptively simple question in estate law: what does it mean to be a “child” of a deceased person?[2] The case involved a claim brought by a woman against the estate of the deceased under section 60 of British Columbia’s Wills, Estates and Succession Act (“WESA”). These claims are commonly….

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Dependant Support, Estate Litigation, Family Conflict, Uncategorized
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