Fasken LLP

When a Liquidator Moves In: Conflict of Interest in Quebec Estate Administration

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This post has been written by Pierre-Paul Persico, Partner, at Fasken LLP A liquidator who is also a beneficiary and continues occupying the deceased’s home does not, by itself, breach the duty owed to the estate. But the moment that occupation is formalized through a self-dealing transaction, made without beneficiary consultation or court authorization, the conflict becomes concrete and can, on its own, justify removal, regardless of whether other aspects….

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Courts, Estate Administration, Estate Litigation, Family Conflict

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

When Chattels Breathe: The Challenge of Inheriting Horses

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This blog has been written by Caroline Caron, Law Clerk at Fasken LLP At first glance, inheriting a horse may seem no different from inheriting any other personal asset. In law, that is partly true: a horse is generally classified as a chattel, a form of tangible personal property, much like a vehicle or piece of artwork. However, this classification quickly reveals its limits. Unlike most chattels, horses are living….

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Estate Administration, Estate Administration and Probate Applications

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

But Google Says… The Executor’s Guide to Late-Night Googling

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Accepting an appointment as executor is a bit like agreeing to assemble a complicated piece of furniture without realizing the instructions are 300 pages long, several pieces are missing, and everyone in the family has a different opinion about how it should be assembled. Most executors begin the process feeling confident and optimistic. They are organized. They are capable. They have a plan. A few months later, they are searching….

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Estate Administration, Estate Administration and Probate Applications, Executors

Hidden Risks of a Do-It-Yourself Codicil: Schickedanz v. Schickedanz

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This blog was co-authored by Latoya Brown, Associate and Elyse Mitchell, Student-at-Law at Fasken LLP Holograph wills and codicils are often viewed as a simple and inexpensive way to record testamentary wishes. In Ontario, a holograph will or codicil is valid if it is entirely in the testator’s handwriting and signed by the testator. That simplicity often makes holograph documents attractive. The recent Ontario Court of Appeal decision, Schickedanz v. Schickedanz,….

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Estate Administration, Estate Litigation, Family Conflict, Farm, Undue influence
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