Fasken LLP

As You’re ‘Checking Your List’, Don’t Forget Your Year End Tax Planning

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As the holidays approach, so too does December 31st or the end of a calendar year.  This date can mean different things to different people.  For those in the business of estate and tax planning, the spectre of December 31st often leads to calls from clients who are looking to: complete a project they had on their “to do” list for the calendar year, start a project but have it….

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Estate Planning, Tax Issues, Trusts

The Secret Language of Estates, and Inflation

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Estates clerks and lawyers “speak” their own language.  We use acronyms or initialisms[1] such as CAET, EIR, RCP, ARI, AET, GRE, POA and COLA.  We use abbreviations like Benys and T’ees, and we draw triangles.  The idea for this blog was born when reflecting on having to interpret a lawyer’s handwritten notes for an assistant last week and on answering a “silly” question for a corporate colleague earlier this week. ….

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Estate Administration, Estate Planning, Uncategorized

Considerations When Trustees are Involved in Transactions

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Approaching year end, you increasingly may be fielding calls from corporate lawyer peers who are closing transactions in which trusts are involved. For example, trusts may be direct vendors or sellers, or, perhaps HoldCos are the sellers, but one or more trusts own the shares of the HoldCos.  This blog will explore some (but not all) considerations that are relevant when trusts are involved in a transaction. High Level Considerations….

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Estate Planning, Trustee, Trusts

Anything New with Passing of Accounts?

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Much has been written about the significant changes to the Ontario court probate forms and processes that came into effect on January 1, 2022, and more recently the July 1, 2022 amendments.  But, is there anything new with passing of accounts? Surprisingly, there have been no changes to the court rules and forms regarding passing of accounts since January 1, 2016.[1]  You may recall some of the 2016 changes, which….

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Estate Administration

Do I really need a Power of Attorney?

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP Simply put, yes. A Power of Attorney, whether it be for your physical property or for your health care needs, can be an invaluable document that should be part of an estate plan. Clients can be so caught up in the need to have their Will completed in order to ensure their wishes are carried out after they’re….

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Estate Planning, Power of Attorney

What Happens When a Shareholder Party to a Transaction Becomes Incapable; Powers of Attorney for Property and Due Diligence Tips

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This is Part III of my saga on incapacity planning in a corporate context. Part I and Part II can be found respectively at: https://allaboutestates.ca/powers-of-attorney-for-property-implications-of-obtaining-a-formal-capacity-assessment/, and https://allaboutestates.ca/what-happens-when-a-shareholder-voting-or-a-director-becomes-incapable-powers-of-attorney-for-property-and-shareholder-agreement-drafting-tips/. As a reminder, Part II addressed two situations that we, as estate planners, are commonly asked about: A director becomes incapable – who can sign for them? A shareholder (voting) becomes incapable – who can attend to governance regarding electing directors and officers….

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Capacity Law, Estate Administration, Estate Planning, Power of Attorney, Property
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