Fasken Martineau DuMoulin LLP

Til Death (or a CPL) Do Us Part: Joint Tenancy Survives a Son’s Suspicion

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This blog has been written by Mohena Singh, Associate at Fasken A recent Ontario Superior Court decision, Giglione v. Giglione [1], is a useful reminder that disappointment does not always lead to a legal remedy when it comes to inheritance. In this case, the Deceased got re-married in March 2014 and executed a will three weeks later, dividing the residue 30 percent to his spouse and 70 percent among his….

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Family Conflict, Joint Tenancy, Property

When Chattels Breathe: The Challenge of Inheriting Horses

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This blog has been written by Caroline Caron, Law Clerk at Fasken LLP At first glance, inheriting a horse may seem no different from inheriting any other personal asset. In law, that is partly true: a horse is generally classified as a chattel, a form of tangible personal property, much like a vehicle or piece of artwork. However, this classification quickly reveals its limits. Unlike most chattels, horses are living….

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Estate Administration, Estate Administration and Probate Applications

What Makes You a ‘Child’ in an Estate? A BC Case and the Ontario Contrast

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This blog was written by Jessica J. Butler, Law Clerk at Fasken LLP  A recent British Columbia decision[1] has revisited a deceptively simple question in estate law: what does it mean to be a “child” of a deceased person?[2] The case involved a claim brought by a woman against the estate of the deceased under section 60 of British Columbia’s Wills, Estates and Succession Act (“WESA”). These claims are commonly….

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Dependant Support, Estate Litigation, Family Conflict, Uncategorized

Review or Update Your Will Every Few Years—Your Beneficiaries Will Thank You

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This blog has been written by JOSEPH STONEHOUSE, litigation associate at Fasken LLP (Toronto) In a recent decision, Justice Myers of the Superior Court of Justice dismissed claims by beneficiaries under a will against the drafter because those claims were brought more than 15 years after the defendant drafted the will. The court determined that, despite the perceived unfairness, the legislative intent behind the Limitations Act necessitated striking the plaintiffs’ claims…..

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Limitation periods, Succession Planning, Wills

“I’ve signed my Will…now what?”

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You’ve met with your client for a final signing meeting. They can breathe a sigh of relief – their Will (or Wills) and Powers of Attorney are done! I have bad news – the process isn’t quite done yet. Of course, you will prepare a reporting letter,  send your final account, and, if you store original documents, ensure the documents are safely stored and that your database is updated accordingly…..

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Wills

How to Provide for Your Island in Animal Crossing: New Horizons After Your Death: Part III

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This is a three-part blog series that seeks to explore the manner in which one can conduct estate planning with respect to their copy of the popular 2020 Nintendo Switch video game Animal Crossing: New Horizons. Part I discussed the importance of this topic and described the applicability of a non-charitable purpose trust to this type of estate planning. Part II examined the practical considerations for operating a non-charitable purpose….

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Uncategorized
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