Fasken LLP

Tips on Bringing a Passing of Accounts Application

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In my first blog post (as a guest blogger), I wrote about what a law clerk is and what it is that we do.  In today’s blog I will expand on a task that an estate law clerk is frequently involved in – a court passing of accounts – and provide some tips on bringing an application to pass accounts (the “Passing Application”). The court rules regarding passing of accounts….

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Passing Of Trustees’ and Executors’ Accounts

Medical Assistance in Dying (MAiD) – An Update

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Today marks a court-imposed deadline regarding legislative amendments to our laws on medical assistance in dying (“MAiD”). This topic, although heavy, has been important to me, particularly over the past year. As recently as the US election, someone close to me was scheduled for MAiD. As her date was approaching, the election results had not yet been determined. Everyone thought she was joking about cancelling or postponing her date to….

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Medical Assistance in Dying

Section 16(b) of the Succession Law Reform Act: A Different Kind of Spousal Election

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In Ontario, s. 15 of the Succession Law Reform Act (the “SLRA”) provides that a Will is revoked by a subsequent marriage of the testator. Practitioners who are meeting with a client in the weeks leading up to his or her marriage will often prepare a Will that contains a statement that the Will was made “in contemplation of the marriage”, which will ‘save’ the Will from revocation by the….

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Estate Planning, Wills

Alter Ego and Joint Partner Trusts – Loss Utilization

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Alter ego trusts (“AET”s)  and joint partner trusts (“JPT”s) have a deemed year end on the date of death of the last life interest beneficiary (the settlor for an AET and the last to die of the spouses for a JPT) resulting in the deemed disposition of certain property of the trust as at this date. The tax on the resulting capital gain is due on the trust’s balance due….

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Canada Revenue Agency, Tax Issues, Trusts

Welcome Changes in the Filing of Probate Applications

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I would like to thank the estates law clerks in the Private Client Services group of Fasken for their contributions to this blog. This week, Attorney General Doug Downey (perhaps in the spirit of Thanksgiving) hinted at upcoming changes in the area of estates that would “manage the estate process with less hassle and address the probate application backlog”. Currently, many jurisdictions are facing lengthy backlogs in processing applications for….

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Estate Administration and Probate Applications, Uncategorized

Feeling Like an Apostille Imposter

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Today’s blog is being brought to you by guest blogger, Krista Brown, a law clerk in the Private Client Services group of Fasken LLP. Working with high net worth clients and their complex estates, I come across new terminology, challenges and scenarios each and every day, which keeps me engaged after years of practice. Recently, I came across a request that left me feeling puzzled. I sent a probate application….

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Uncategorized
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