Dying Without a Will in Québec: A Masterclass in Making Life Harder for your Minor Heirs

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Scotiatrust

This blog post was written by: Ophely Karam, Estate and Trust Consultant, Scotiatrust Montreal   There are many ways to complicate your loved ones’ lives after your death. Dying intestate in Québec when you have minor children is one of the most efficient. From the outside, legal devolution under the Civil Code of Québec (“CCQ”) looks orderly, even comforting, as it establishes clear rules, predictable outcomes, and a legislated safety….

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Estate Planning, Wills

Security for Costs on Appeal: A Cautionary Tale

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On October 20, 2025, a single judge of the Court of Appeal for Ontario made an Order requiring an appellant to post security for costs of her appeal in the amount of $50,000. On March 5, 2026, the appellant brought a motion under s.7(5) of the Court of Justice Act, asking a panel of the Court of Appeal to set aside the order for security for costs. The motion was dismissed, with Reasons for….

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Appeals

Succession of the Family Business – Don’t Overlook Governance

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Successful entrepreneurs often view the family business as the crown jewel to their legacy for the next generation(s). As such, succession planning for the family business and preserving the family’s wealth is always a top priority and often encompasses tax and estate planning. Implementing a succession plan that will ensure the continuation of the family business while preserving the family’s wealth can be challenging for professional advisors who are assisting….

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Business Succession Planning, Estate Planning, Family Conflict

Estate Trustee Compensation

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Scotiatrust

Taking on the role of an estate trustee can be a difficult one. The tasks typically involve gathering in and managing assets, determining liabilities, and moving the administration of an estate forward until it is time to distribute the net assets to the beneficiaries. While there is a general principle that an estate should be wrapped up within 1 year (also known as the “executor’s year”), completing the administration of….

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Compensation, Courts, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Trustee, Trustee Compensation

Long Term Care Today – Insights on Safety, Staffing, and Well-being

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Seniors have breakfast together. They are served by a man in health care scrubs.

Few Canadians have forgotten the devastating impact of the COVID-19 pandemic on residents and staff in the long-term care sector. With our aging population, significant pressures continue to mount on an already stressed system, where staffing shortages and outdated facilities persist, along with rising numbers of people requiring more complex care. The Canadian Institute for Health Information (CIHI) reported there were about 2,076 long-term care homes with an estimated 198,000….

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Elder Management, Uncategorized

The Liquidator: The Central Player in Quebec Succession Disputes

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This blog has been written by Frédéric Barriault, Counsel, and Yoni Feingold, Partner, at Fasken LLP In Quebec’s civil law tradition, the liquidator occupies a central institutional role in the administration and litigation of successions. The legal framework governing this role draws principally from two sets of rules: the regime of liquidation of successions and the regime of administration of the property of others. Together, these systems create a coherent….

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Estate Administration, Estate Litigation, Executors, Succession Planning, Wills
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