estate planning

Whose Trust Is It Anyway?

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I’ve had several conversations with clients lately about trusts that have given me pause. Some of these discussions have started with a client pulling out a trust deed that was settled years ago, and explaining that circumstances have changed. Family dynamics have shifted and a beneficiary has become estranged, or an excluded family member has come back into the fold. Other times a beneficiary’s circumstances have changed, such that the….

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Estate Planning, Succession Planning, Trusts

Buying Property Abroad? Consider these Estate Planning Issues First

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This blog has been written by Pritika Deepak, Associate at Fasken LLP Many Canadians dream of owning property abroad and many already do. Whether it is a winter retreat in Florida, a villa in France, or a retirement home in Costa Rica, purchasing foreign real estate can be an exciting milestone. However, foreign property often introduces estate planning considerations that are overlooked until it is too late. Before completing the….

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Estate Administration, Estate Administration and Probate Applications, Estate Planning, International, Power of Attorney, Probate Tax, Property, Real Estate, Succession Planning, Tax Issues, Testamentary Capacity, Uncategorized, Wills

Excluded Property, Estate Freezes and Family Law: What Estate Planners Need to Know After Lang-Newlands v. Newlands

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Estate planners have long viewed trusts and estate freezes as valuable tools for succession planning, tax efficiency, and family wealth preservation. However, the Ontario Court of Appeal’s recent decision in Lang-Newlands v. Newlands, 2026 ONCA 530, serves as an important reminder that family law considerations can significantly affect the intended outcomes of an estate plan. For trusts and estates practitioners, the decision highlights the limits of relying on the Family….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Family Conflict, Spouse, Succession Planning, Trusts, Uncategorized, Wills

Equal or Equitable? A Conversation Every Estate Planner Should Have

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This blog has been written by Pritika Deepak, Associate at Fasken LLP. One of the most common instructions estate planners hear from clients is: “I want to treat all of my children equally.” While that may sound straightforward, it often warrants a deeper discussion. In estate planning, equal and equitable are not the same thing, and they can produce very different outcomes. A planner who fails to explore this distinction….

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Estate Planning, Wills

Co-ownership Agreements: Another Tool in the Planner’s Toolkit

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I wrote last summer about the use of cottage trusts as a planning tool. As cottage season is upon us again, I thought I’d write about another useful tool in the planner’s toolkit, particularly where several members of a generation are likely to share ownership of a cottage property: the co-ownership agreement. While it’s important to consider the mechanics of transferring a family property to the next generation, it’s equally….

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Cottage, Estate Planning, Property, Real Estate, Succession Planning, Trusts

Planning for the Long Game: What Happens When Your Executor Becomes Incapable?

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This blog has been written by Karen La Caprara, Counsel, at Fasken LLP When contemplating estate planning, it can be easy to focus on a single moment: death. But estate administration does not occur in a moment. It often unfolds over many months, or years, particularly where there is a continuing trust, significant tax work, or illiquid assets. This raises a question that testators can easily overlook at the planning….

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Estate Administration, Estate Planning, Executors, Wills
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