Fasken LLP

Navigating Bequests of Real Estate Under Your Will: Language Matters

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  Are you planning to leave real estate to a loved one under your Will? Do you want that property to be transferred free of debt or other claims? If you’re making a specific gift of your interest in freehold or leasehold property that is subject to a mortgage, as defined in Ontario’s Succession Law Reform Act (RSO 1990, c S.26) (“SLRA”), at the date of your death (the “Property”),….

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Estate Planning, Property, Real Estate, Succession Planning, Wills

Trusteeship Part 2: Avoiding Pitfalls—Best Practices for Estate Trustees

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Today’s blog has been written by Latoya Brown, Associate, at Fasken LLP In Part 1 of this series, we explored the importance of selecting the right trustee, using Jones v. Jones[1] to highlight what can go wrong when a trustee lacks a clear understanding of their fiduciary obligations. In this follow-up, we turn to what happens after the appointment—how trustees can fulfill their duties effectively and avoid the kind of….

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Estate Litigation, Estate Planning, Property, Trustee, Undue influence, Wills

The Limits of Pour-Over Clauses in Ontario (And What to Do Instead)

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    Today’s blog was written by Karen La Caprara, Counsel, at Fasken LLP. Pour-over clauses in wills are a staple in U.S. estate planning, used to direct estate assets into an existing trust. But in Ontario and British Columbia, these clauses can lead to invalid testamentary gifts, intestacy, and costly litigation. What Is a Pour-Over Clause—and Why Is It Problematic? A pour-over clause is a provision in a will that….

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Estate Administration, Estate Planning, Succession Planning, Tax Issues, Trusts, United States, Wills

Marriage Contracts: Process Over (okay, at least equal to) Substance

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This blog has been written by Darren Lund, Partner at Fasken LLP.   In several of my previous blogs, I have written about marriage contracts, and why they are an important element of estate planning. From a substantive perspective, there are many reasons why these agreements are relevant and may be needed to support a comprehensive estate plan.[1] If a family business owner has implemented an estate freeze that includes….

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Estate Planning, Spouse

BEHIND THE SCENES – A LEGAL ASSISTANT’S ROLE IN ESTATE PLANNING AND ADMINISTRATION FILES

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I’m confident that lawyers and clerks who work with assistants will agree: legal assistants are vital to the daily operations of a legal practice. There have been a number of blogs written about the day in the life of an estate planner or a law clerk working in estates. In today’s blog, I’ve invited my assistant, Sarah Whelan, to share insights into her role and highlight the key aspects of….

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Estate Administration, Estate Planning, Wills

Newlands Revisited: Moving to the Appeal

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This blog has been written by Darren Lund, Partner at Fasken LLP In a previous blog, I wrote about the Ontario Superior Court of Justice decision in Lang-Newlands v Newlands, 2024 ONSC 6285. To briefly summarize, the Newlands case considered a number of issues, but the key issue of interest for estate planners is the court’s analysis of an “estate freeze” transaction that occurred during the parties’ marriage. Barbara and….

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Estate Planning, Family Conflict, Separation, Succession Planning, Trusts, Uncategorized
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