Fasken LLP

Ontario Estate Information Return Essentials

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  The Institute of Law Clerks of Ontario recently hosted an education session on Ontario’s Estate Administration Tax (“EAT”) and the Estate Information Return (“EIR”), presented by a representative of the Ontario Ministry of Finance (“MOF”). I was particularly interested in this session as I wrote about the new online filing process for EIRs in my last blog post https://allaboutestates.ca/estate-information-return-the-new-online-process/. Today’s blog will share some of the key takeaways from….

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Estate Administration, Estate Administration and Probate Applications, Estate Planning, Probate Tax, Tax Issues, Wills

We Have a Joint Ownership Problem

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This blog has been written by Rahul Sharma, Partner, at Fasken Martineau DuMoulin LLP, Toronto Joint ownership of property with a right of survivorship is perhaps the most common or popular means by which a couple, for example, owns a home in Ontario.  Simply put, “joint with right of survivorship” means that when one of the two joint owners dies, the other becomes the owner of the property.  The succession….

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Estate Planning, Property, Spouse, Succession Planning, Tax Issues

Powers of Attorney for Property – Part III: Drafting Considerations for specific provisions

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This blog has been written by Pritika Deepak, Associate at Fasken LLP. The final part of this three-part blog series discussing Powers of Attorney for Property (“POAs”) in Ontario, will focus on specific provisions and some considerations to keep in mind when drafting these documents. Specifically, it will provide a high-level overview of the use of multiple POAs, considerations for appointments, and conflict of interest provisions in POAs. Multiple POAs….

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Estate Planning, Power of Attorney, Succession Planning, Uncategorized

Avoiding an Accidental Intestacy: A Reminder for Drafting Lawyers

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I recently had the pleasure of leading a course for lawyers who want to learn how to draft Wills (or improve their existing skills). One of the topics that we discussed at some length was how best to draft a residue provision in a Will, where there are multiple residuary beneficiaries. I thought it may be helpful to summarize a key discussion point from our session here, as in my….

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Estate Administration, Estate Planning, Wills

Winner/Gagnant!!!!! Six Estate Planning Considerations For Lottery Winners

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  You’ve already beaten the odds — now make sure your fortune doesn’t roll the dice without you. Over the years, I’ve had the privilege of helping lottery winners turn sudden wealth into lasting legacies. Here are six key considerations to keep in mind from an estate planning perspective: Assemble a Strong Advisory Team Winning the lottery is thrilling — but it can also be overwhelming and cause immense anxiety…..

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Charitable Giving, Estate Planning, Succession Planning, Trusts, Wills

Decoding the Mysteries of a Testator’s Intention

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This blog post was written by Mohena Singh, Associate at Fasken LLP. Imagine a picturesque cottage in Shrewsbury, Ontario, a place filled with family memories and the promise of future gatherings. This cottage, however, became the centre of a legal conundrum after the passing of its owner, Floyd Kersey (“Floyd”), and the subject matter of the case of Spencer v. Spencer et al.. Floyd’s will, crafted in 1983, was meant….

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Cottage, Estate Planning, Family Conflict
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