A Revisit of Benjamin Orders

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When I was in private practice, I almost applied for a Benjamin order on an estate file until I was saved by the Registrar’s record that the sole heir had in fact predeceased the deceased.  The result was one that ended well since the sole niece who had spent a great deal of time and effort caring for the deceased ended up inheriting the entire estate. A Benjamin order comes from Benjamin,….

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Estate Administration, Estate Administration and Probate Applications

Ontario’s Rising Problem of Unclaimed Bodies

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There have been a few news articles published in the past year highlighting a growing problem in Ontario – unclaimed bodies. According to a recent Toronto Star article, there were 1,183 unclaimed bodies in Ontario this year. A CBC article reporting on the same issue found that there has been a 170 percent increase in number of unclaimed bodies in Ontario since 2019. The Ontario cities with the highest numbers….

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Funeral Planning, In the News

Dear Parents of Young Children, please don’t delay your will planning because you can’t choose a guardian for your minor children

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This blog has been written by Karen La Caprara, Counsel at Fasken LLP When I speak with parents of young children who don’t have wills in place, the most common reason I hear for their delinquency is not that they’re too busy, that it’s too expensive or that they don’t have significant assets. It’s that they can’t decide or agree on who would be the guardian[i] of their minor children….

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Estate Planning, Guardianship, Trustee, Wills

ILIT – An Estate Planning Vehicle for the U.S. Person

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An irrevocable life insurance trust (ILIT) is an estate planning vehicle worth some consideration for U.S. citizens living in Canada.  Many estate advisors are unaware that U.S. citizens subscribing to life insurance on their life will have the death benefits included in the value of their taxable estate for U.S. estate tax purposes.  An ILIT may provide an opportunity to avoid such an outcome. What is an ILIT? An ILIT….

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Canadian and US Tax Treaty, Estate Planning, Insurance, Succession Planning, Tax Issues, U.S. Citizen, US Taxes

Can You Trust This Purpose? (And Some Local Rugby History)

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This blog post was written by Darren G. Lund, a Partner at Fasken LLP I recently had occasion to work with a type of trust that is less common for estate planners than the typical testamentary or inter vivos family trusts we see every day: the non-charitable purpose trust. Coincidentally, there is a relatively recent decision of the Ontario Superior Court of Justice that provides a succinct summary of the….

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Trusts, Uncategorized

When Can Estate Trustees Sell Real Property?

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In Sheffield (Estate) v. Sheffield, 2024 ONSC 3627, the Court considered an executor’s authority to sell real property subject to a life interest. Katherine Markolefas and Bradley Sheffield were brother and sister. Katherine and Bradley were the children Gary and Donna Sheffield. Gary owned a residential property in Picton, Ontario. In Gary’s Will, he named Katherine as his estate trustee. Under Gary’s Will, Donna, his wife, was granted a right….

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