Fasken LLP

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

• • 2 Comments

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….

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

Power of Attorney

Tips on Bringing a Passing of Accounts Application – Part 4

• • 1 Comment

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….

Tips on Bringing a Passing of Accounts Application – Part 4 Continue Reading »

Passing Of Trustees’ and Executors’ Accounts

Tips on Bringing a Passing of Accounts Application – Part 3

• • 1 Comment

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….

Tips on Bringing a Passing of Accounts Application – Part 3 Continue Reading »

Passing Of Trustees’ and Executors’ Accounts

And then there was more…

• • 2 Comments

Typical advice to an executor would outline his or her duties, explain how to go about completing them, and then would end with a statement something along the lines of “and then your job as an executor will be complete”.  And we all know that the role of an executor can be a complicated and drawn-out affair. Today’s blog is about an interesting situation that I recently came across where….

And then there was more… Continue Reading »

Estate Administration, Executors

The Bank of Nova Scotia Trust Company v. Rogers: A Recent Consideration of the Criminal Forfeiture Rule

• • 1 Comment

This blog was written by Meghan Carlin, summer student at Fasken LLP. While the law in Canada on the criminal forfeiture rule (or the “slayer rule”) is generally well understood, questions about next steps in the administration of estates where the primary beneficiary has been disentitled may be more difficult to answer. On March 3, 2021, the Ontario Supreme Court released its decision in the case of The Bank of….

The Bank of Nova Scotia Trust Company v. Rogers: A Recent Consideration of the Criminal Forfeiture Rule Continue Reading »

Estate Administration

Tips on Bringing a Passing of Accounts Application – Part 2

• • 0 Comments

In my blog Tips on Bringing a Passing of Accounts Application of March 5, 2021, I provided suggestions on preparing the accounts and drafting the court required documents when bringing an application to pass accounts (the “Passing Application”).[1]  In  today’s blog, I will share some tips on the next steps in the process. Initiating the Passing Application The Passing Application is initiated by (i) obtaining a hearing date for the passing….

Tips on Bringing a Passing of Accounts Application – Part 2 Continue Reading »

Passing Of Trustees’ and Executors’ Accounts
Scroll to Top