Fasken LLP

Stripping Assets Out of Corporations; Will Drafting Considerations

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Imagine you have an interest in a privately held corporation, which corporation’s underlying assets include a valuable art collection. Perhaps on your death you would like the art collection, or certain pieces, to be given to your closest friend, with the remaining assets (represented by the shares in the corporation) being given to your family. From an estate planning perspective, you have to consider whether the art collection can be….

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Estate Planning, Wills

Surprise…More Big Changes Coming to Estate Administration

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Today’s blog was written by Sandra Arsenault, Law Clerk at Fasken LLP “Change is the only constant” – Heraclitus. How is it possible that in one of the most traditional areas of law we are about to see even more big changes come into effect? Just as we get used to virtual witnessing, digital signatures, email service of documents, small estates certificates and e-filing, the Rules are literally changing again…..

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Estate Administration, Estate Administration and Probate Applications, Uncategorized

Don’t let your favourite TV show fool you…

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Today’s blog was written by Courtney Lanthier, law clerk at Fasken LLP I was watching a show recently where, when a character passed away, he left his family a video message that included how he wanted to divide his estate. As someone who recently started drafting wills and working through estate administration files, I immediately thought – would this be considered a valid will? While a videotaped message setting out….

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Wills

Powers of Attorney for Property: Implications of Obtaining a Formal Capacity Assessment

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Have you ever had this train of thought: ‘what happens now that X is losing capacity? Do I, as the appointed attorney for property, start acting gradually, as needed, or do I obtain a capacity assessment? What are the implications of obtaining versus not obtaining a capacity assessment, particularly when it comes to managing corporate assets?’ This blog discusses considerations that may be helpful in working your way through this….

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Power of Attorney

Tips on Bringing a Passing of Accounts Application – Part 4

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Today’s blog will provide some points to consider when preparing or responding to a notice of objection to accounts (the “Notice of Objection”).  This is a continuation of my series of blogs related to bringing an application to pass accounts (the “Passing Application”).[1] How Does a Beneficiary Object? If a beneficiary wishes to object on a Passing Application, they need to prepare the prescribed Notice of Objection (Form 74.45).  It….

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Passing Of Trustees’ and Executors’ Accounts

Tips on Bringing a Passing of Accounts Application – Part 3

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Today’s blog is a continuation of my series[1] on bringing an application to pass accounts (the “Passing Application”).[2]  After the hearing date is set with the court office and the notice of application issued, the next step is to serve the beneficiaries.  The beneficiaries then have an opportunity to review the accounts and respond. What documents must you serve on the beneficiaries? The Ontario Rules only require that you serve….

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Passing Of Trustees’ and Executors’ Accounts
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