Waters v Henry: Respecting a Testator’s Free Will to Make “Bad” Decisions

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Irina Samborski, associate and Caroline Mercer, articling student, Gowling WLG (Canada) LLP When an estate is litigated, a deceased person’s decision-making is forced into the public record. Sometimes, the court is asked to pass judgement and correct decisions that may seem unreasonable or unfair. However, some courts prefer to uphold the deceased’s freedom to decide—no matter what the living may think. This was the case in The Estate of William….

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Contested wills, Courts, Estate Litigation, Estate Planning

Equalizing an Estate Where One of More Children are U.S. Persons and Planning Strategies Where There Are U.S. Beneficiaries; Part III

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This is Part III of a three-part blog series. Parts I & II can be found at the following respective links: https://allaboutestates.ca/equalizing-an-estate-where-one-of-more-children-are-u-s-persons-and-planning-strategies-where-there-are-u-s-beneficiaries-part-i/ and https://allaboutestates.ca/equalizing-an-estate-where-one-of-more-children-are-u-s-persons-and-planning-strategies-where-there-are-u-s-beneficiaries-part-ii/. Parts I & II discussed a few issues to consider if a client’s intention is to equalize their estate amongst their children where one or more children are U.S. Persons (such U.S. children, a “U.S. Child”). This Part III builds on Parts I & II and….

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Estate Planning, Executors, Tax Issues, Trusts, United States, US Taxes, Wills

Charities have Fiduciary Duties as Estate Beneficiaries

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I recently spoke to an estate lawyer who told me she would never recommend certain charities to clients. Why?  Because of the way these charities treated estate trustees. Some charities are unduly litigious, grind on fees, and are obstreperous about releases. It’s not the first time I’ve heard this comment from estate professionals – and some traumatized lay executors and family members. Sympathy for Charities It’s hard to evaluate the….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Uncategorized

Testamentary Fraud

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Undue influence, a common claim to be heard in the context of will challenges, occurs when a testator is forced or coerced into changing his or her will or creating a new one in favour of the coercing party. A closely related concept is testamentary fraud. Although testamentary fraud does not involve direct coercion, legal scholars consider it to be a subset of undue influence. Like ‘regular’ undue influence, the….

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Contested wills, Estate Litigation, Undue influence

Estate Planning & The Changes to the Capital Gain Inclusion Rate

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Will the change in the capital gain inclusion rate have any implications to estate planning?  For taxation years that end after June 24, 2024, the capital gains inclusion rate increased from one-half to two-thirds and the change will have some implications in estate planning. Advisors will need to adjust some of their advice and recommendations in light of the changes.  This article will highlight some of the implications resulting from….

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Estate Planning, Tax Issues

Elder Care Gaps In Divorce And Blended Families

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5 or 6 couples in their 30s and 40s posing for a photo in the forest

Elder care gaps occur as family structures change, and there may be unanticipated and challenging consequences. For parents who have long divorced, those who have remarried, and those with blended families, this may mean that adult children are now dealing with three or more parents and stepparents. As the caregiver burden increases, blended families become more complex, and the potential for conflict increases. Impacts of Divorce and Blended Families on….

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Caregiving, Elder Care, Elder Management, Power of Attorney, Smart Ageing
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