estate & trust

Planning for the People You Love

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This blog has been written by Latoya Brown, Associate at Fasken LLP Valentine’s Day is often associated with flowers, cards, and grand gestures. But beyond the chocolates and celebrations, February also offers a quieter reminder of what truly matters: the people we care about. It’s an opportunity to pause and reflect on how we show care, not just through gestures or words, but through thoughtful planning and intention for the….

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Estate Administration, Estate Planning, Family Conflict, Power of Attorney, Succession Planning, Wills

Estate Freezes and a Spouse’s ILA

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Estate freezes can raise important questions—like whether the freezor’s spouse should seek independent legal advice (“ILA”). This blog unpacks why that recommendation matters. Estate Freeze Consider the following estate freeze, which intentionally is explained in a “bare bones” manner. A spouse (“Freezor”) is exchanging their common shares in a Canadian controlled private corporation (“Family Corp.”) for fixed value preference shares. A new discretionary family trust is settled for the benefit….

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Interest, Separation, Spouse, Succession Planning, Trustee, Trusts

The Stages of an Estate Administration – Part 1

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken. Having worked in this field for over 10 years now, I’ve definitely done my fair share of estate planning, but not nearly enough estate administration. Now, after a long hiatus, I’m stepping back in and starting to notice that things have definitely changed. The process and steps involved in an administration can be overwhelming for those of us working….

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Estate Administration, Estate Administration and Probate Applications, Executors, Practice Management

Estate Planning Horror Stories: Tales from the Legal Crypt

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Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Halloween is all about chills and thrills, but nothing sends a shiver down my spine quite like a botched estate plan. These stories aren’t just for a fright; they’re a reminder that a little planning now can save your family from a real nightmare later.   The Phantom Beneficiary Harold thought he had his estate sorted out by….

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Estate Planning, Executors, Wills

The Limits of Pour-Over Clauses in Ontario (And What to Do Instead)

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    Today’s blog was written by Karen La Caprara, Counsel, at Fasken LLP. Pour-over clauses in wills are a staple in U.S. estate planning, used to direct estate assets into an existing trust. But in Ontario and British Columbia, these clauses can lead to invalid testamentary gifts, intestacy, and costly litigation. What Is a Pour-Over Clause—and Why Is It Problematic? A pour-over clause is a provision in a will that….

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Estate Administration, Estate Planning, Succession Planning, Tax Issues, Trusts, United States, Wills

Winner/Gagnant!!!!! Six Estate Planning Considerations For Lottery Winners

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  You’ve already beaten the odds — now make sure your fortune doesn’t roll the dice without you. Over the years, I’ve had the privilege of helping lottery winners turn sudden wealth into lasting legacies. Here are six key considerations to keep in mind from an estate planning perspective: Assemble a Strong Advisory Team Winning the lottery is thrilling — but it can also be overwhelming and cause immense anxiety…..

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Charitable Giving, Estate Planning, Succession Planning, Trusts, Wills
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