Fasken LLP

Starting With the Obituary

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As an estates law clerk, when I begin work on a new estate administration file, one of the first things I do is read the deceased’s obituary. It isn’t a legal document like the Will, but it often provides valuable background information about the deceased and helpful context about family members.[1] It feels respectful to acknowledge the person behind the file before shifting focus to the legal documents and formal….

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Estate Administration, Funeral Planning, Grief

A Pragmatic and Positive Approach Towards International Migration

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Today’s Blog was written by Rahul Sharma, Partner, Fasken LLP, Toronto This is a short blog post written on a cold morning in Toronto.  It is currently -12 degrees in Toronto (with a windchill factor of -21 degrees).  It is presently sunny and 26 degrees in the Cayman Islands.  On days like these, migration weighs heavily on some minds. I would like to thank Meera Raman of the Globe and….

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Tax Issues, US Taxes

Part II: Taxation of Trusts in Canada – The Flow-Through Nature of Trusts

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This blog has been written by Pritika Deepak, Associate at Fasken LLP. As we leave another year behind, it’s a fitting time to reflect on what tax and trust practitioners may often perceive as a period that often raises questions about the distribution of income from trusts to beneficiaries. To better understand this, it’s helpful to review the role trusts play as conduits or flow-through entities. Part I of this….

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Trusts

Gifting personal effects: a useful (and heartwarming) planning strategy

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Lately, I’ve found myself having in-depth conversations with some of my older clients about what will happen to their personal effects after they pass away. Many of these clients express the same concerns: they don’t want their beneficiaries to fight over their belongings after their death, they don’t want to burden their families with difficult decisions about what to do with these possessions, they are concerned that their families won’t….

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Estate Planning, Family Conflict, Wills

Estate Freezes and a Spouse’s ILA

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Estate freezes can raise important questions—like whether the freezor’s spouse should seek independent legal advice (“ILA”). This blog unpacks why that recommendation matters. Estate Freeze Consider the following estate freeze, which intentionally is explained in a “bare bones” manner. A spouse (“Freezor”) is exchanging their common shares in a Canadian controlled private corporation (“Family Corp.”) for fixed value preference shares. A new discretionary family trust is settled for the benefit….

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Interest, Separation, Spouse, Succession Planning, Trustee, Trusts

Holiday Reflections: The Importance of Estate and Incapacity Planning

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This blog post was written by Mohena Singh, Associate at Fasken LLP. The holiday season often brings cherished time full of gift exchanges, gatherings with family, and a break from work. Amid the festivities, it’s also an opportune moment to discuss estate and incapacity planning – a topic that, while rarely broached at the dinner table, is vital for protecting your family’s future. The cautionary tale of Vaccaro v. Vaccaro….

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Estate Administration, Estate Litigation, Estate Planning, Wills
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