Photo Credit: Universal Pictures This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP If you are the lucky (or more often unlucky) person appointed to administer an Estate, you may have more stress than usual this holiday season. I wrote this blog in hopes….
Executors: Holiday Elf or Grinch? Continue Reading »
Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Executors, Family Conflict, WillsLawPro recently released its report concerning Wills and estates malpractice claims as of the end of 2022. As we approach the busy year end, I thought it would be helpful to remind practitioners of the most common errors and some risk management tips in that regard. Interestingly (and perhaps somewhat surprisingly), most issues stem from things at occur before or at the initial client meeting. Things that contribute to problems….
Avoid Becoming Part of a Statistic Continue Reading »
Estate Planning, Liability, Uncategorized, WillsThis blog has been written by Darren Lund a partner at Fasken LLP. Marriage contracts and cohabitation agreements are an increasingly important aspect of estate planning and wealth preservation. They can be used for a number of reasons and in a variety of contexts. Think of the parents wishing to protect a cash gift to a child to assist with the purchase of a home, the business owner who wants….
How Separate is “Separate as to Property”? Continue Reading »
Estate Planning, Property, Spouse, TrustsWith 6 weeks until the end of 2023, it is a good time to remind trustees of their obligations in respect of the trusts that they are responsible for managing and administering. Last year, I wrote a blog where I reminded trustees of discretionary trusts of the importance of documenting income payment decisions before the end of the year. Trustees should start considering what they plan on doing with the….
Trustees – it’s time to start gathering information Continue Reading »
Canada Revenue Agency, Estate Administration, Tax Issues, Trustee, TrustsIt is important to consider estate planning objectives when entering into real estate transactions. For example, a client may intend to retain control of real property in that they intend to be able to dispose of it on death. However, if the relevant estate planning objectives are not identified and considered at the time of the transaction, other goals may be prioritized instead; this may result in the structure of….
Taking Back Control of Real Property Continue Reading »
Estate Administration, Estate Planning, Property, Real EstateIt is very difficult to plan for every possible scenario when you are drafting your will. Not only is it important to consider who to name as your executor, but you also need to think about what would happen if something happened to your executor. In an earlier blog, I looked at what happens if an executor dies before the testator and offered some practical considerations. Today’s blog will explore….
What Happens if Something Happens to your Executor? – Part Two Continue Reading »
Estate Administration, Estate Planning, Executors, Trustee