Fasken LLP Archives - Page 5 of 30

Estate Planning Horror Stories: Tales from the Legal Crypt

Fasken • October 31, 2025 • 0 Comments

Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Halloween is all about chills and thrills, but nothing sends a shiver down my spine quite like a botched estate plan. These stories aren’t just for a fright; they’re a reminder that a little planning now can save your family from a real nightmare later. The Phantom Beneficiary Harold thought he had his estate sorted out by….

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Estate Planning, Executors, Wills

Plan Today, Protect Tomorrow: Why You Shouldn’t Wait to Make or Update Your Will

Jennifer Campbell • October 24, 2025 • 0 Comments

November is Make a Will Month, an annual initiative designed to raise awareness about the importance of having a Will. A Will is one of the most critical legal documents you can have, as it ensures that your wishes are respected and your loved ones are provided for after your passing. Despite its significance, many Canadians delay creating a Will, often due to misconceptions about its necessity, the belief that….

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Estate Planning, Succession Planning, Wills

Does the Presumption of Advancement Apply to Joint Bank Accounts with a Common-Law Spouse?

Tamar Silverbrook • October 17, 2025 • 1 Comment

The addition of a common-law partner as a joint owner of a bank account with a right of survivorship may give rise to initial uncertainty as to whether the arrangement constitutes a gift. While such a designation may appear to be a gratuitous transfer, the presumption of advancement does not apply to a common law spouse added onto a joint account, even if there is a right of survivorship. If….

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Estate Administration, Estate Planning, Spouse, Wills

Young, Married, and Prepared: A First Experience with Wills and POAs

Betty Laidlaw • October 10, 2025 • 1 Comment

As we head into Thanksgiving weekend, I am sharing a guest post written by my son. Earlier this year, he and his partner celebrated a beautiful wedding surrounded by family and friends. Like many life milestones, it prompted some important conversations about their future together, including what would happen if something unexpected occurred. In this post, he shares his experience with estate planning as a newlywed, and the process of….

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Estate Planning, Power of Attorney, Spouse, Wills

The Year of the Audit and the Introduction of “Prompted” Disclosures

Fasken • October 3, 2025 • 0 Comments

This blog has been written by Rahul Sharma, Partner, at Fasken Martineau DuMoulin LLP, Toronto 2025 is flying by. We are now in its final quarter. Looking back at the year, I can think of one consistent theme in my discussions with other tax professionals: Canada Revenue Agency (“CRA”) audits and reviews. Industry professionals have remarked—and quite rightly, perhaps—that we are dealing with more audits, reviews and reassessments issued by….

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Canada Revenue Agency, Estate Planning, Tax Issues

Part I: Taxation of Trusts in Canada – A Broad Overview

Fasken • September 26, 2025 • 0 Comments

This blog has been written by Pritika Deepak, Associate at Fasken LLP. Trusts play a significant role in wealth management and tax and estate planning. This blog post is not intended to supplant the important role played by the various and excellent texts written and published on the taxation of trusts. Rather, this blog post skims the surface of some important points to consider when dealing with trust taxation. Trusts….

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Estate Planning, Trusts