Executor on the Case: Becoming a Detective for Missing Assets

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Much has been written on All About Estates on the topic of missing heirs – how to find them, and what to do if you can’t. But what happens if you have missing assets? Perhaps you’ve been appointed as an executor of an estate where you have very little information about the deceased’s assets. Or maybe you have an understanding that there’s a bank account at one of the big….

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Estate Administration, Estate Administration and Probate Applications, Executors, Probate Tax, Wills

Is the AI Revolution for Estate Planning Services Here?

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AI Robot Lawyer

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust Deepseek is here, as is cheap, and easily accessible AI. Many tasks have been automated by AI recently. Customer support, student education, investment management. For better or for worse, AI is here to stay. What else can we do with AI? Can AI do my estate planning for me? Write my Will? AI has already made its way into….

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Estate Planning, In the News, Practice Management, Wills

Estate and Will Planning with China

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This article will highlight some considerations Canadian advisors may want to ponder when advising clients with assets in China. Cross-border estate and Will planning involving China is complex thus, I must admit the information is high level and based on my personal experience. Will Planning Clients residing in Canada with property in China may erroneously believe their Will executed in China will be held valid in Canada. Is this the….

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China, International, Succession Planning, Wills

NEWLANDS: A NEW INTERPRETATION OF ESTATE FREEZES IN THE FAMILY COURTS?

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This blog has been written by Darren Lund, Partner at Fasken LLP In Lang-Newlands v. Newlands, 2024 ONSC 6285, the Ontario Superior Court of Justice revisited the treatment of a discretionary family trust in the context of the equalization of net family property under the Ontario Family Law Act. Barbara Lang-Newlands (“Barb”) and Ian Newlands (“Ian”) were married on August 21, 1987 and separated on July 31, 2019. There were….

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Estate Planning, Family Conflict, Separation, Succession Planning, Trusts

Love is in the Air – Or is it Separation?

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Couple forced to marriage by judge

This blog post was written by: Diana Leopardi, Estate and Trust Consultant, Scotiatrust Montreal Love is in the air…You may now kiss the bride; these are a couple of popular phrases often used in romantic movies but what about The Hangover movie what if your client woke up one morning only to discover that they were married and duties and responsibilities of married couples were bestowed upon them…what to do?….

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Family Conflict, Separation, Spouse

To Be or Not to Be a Spouse: A Follow-Up on Enns V The King

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Maddi Thomas, associate, and Donya Ashnaei, articling student, Gowling WLG (Canada) LLP Background I wrote a blog post on Enns v the King, 2023 TCC 28, last year. This case was significant for estate planners, as the ruling extended the Canada Revenue Agency’s (“CRA”) reach under section 160 of the Income Tax Act (the “Act”). A little over a week ago, the Federal Court of Appeal (“FCA”) overturned the TCC’s….

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Appeals, Spouse, Succession Planning, Tax Issues
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