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

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
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