Fasken Martineau

The Hidden Work Behind a Probate Application

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Does anyone know the current processing time for probate applications in                 ? Fill in the blank with the Ontario court location of your choice – it is a question that comes up frequently in our network of estates law clerks. So I was interested when I saw two recent articles in The Globe and Mail: “Even with a will, probate wait times can be all over the map” and….

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Estate Administration, Estate Administration and Probate Applications, Executors, Wills

Family Business Succession: Beyond the Transfer of Shares

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This blog has been written by Pritika Deepak, Associate at Fasken LLP When family business owners think about succession planning, the focus is often on ownership. Who will inherit the shares? How should the business be structured? Can the transition be completed in a tax-efficient manner? These are important questions, but they address only part of the succession challenge. In many family businesses, the most valuable asset is not reflected….

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Business Succession Planning, Succession Planning

Estrangement and its Implications on Estate and Succession Planning

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By: Rahul Sharma, Partner, Fasken Martineau DuMoulin, Toronto An article in the Wall Street Journal published at the end of last month caught my eye.  The article, entitled: “Why Are So Many Adults Cutting Off Their Parents?” (Why Are So Many Adults Cutting Off Their Parents? – WSJ) explained that family estrangement is on the rise.  The article’s author, Elizabeth Bernstein, cites a 2020 book by sociologist Karl Pillemer entitled….

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Estate Planning, Family Conflict, Succession Planning

Whose Trust Is It Anyway?

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I’ve had several conversations with clients lately about trusts that have given me pause. Some of these discussions have started with a client pulling out a trust deed that was settled years ago, and explaining that circumstances have changed. Family dynamics have shifted and a beneficiary has become estranged, or an excluded family member has come back into the fold. Other times a beneficiary’s circumstances have changed, such that the….

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Estate Planning, Succession Planning, Trusts

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 a Liquidator Moves In: Conflict of Interest in Quebec Estate Administration

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This post has been written by Pierre-Paul Persico, Partner, at Fasken LLP A liquidator who is also a beneficiary and continues occupying the deceased’s home does not, by itself, breach the duty owed to the estate. But the moment that occupation is formalized through a self-dealing transaction, made without beneficiary consultation or court authorization, the conflict becomes concrete and can, on its own, justify removal, regardless of whether other aspects….

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Courts, Estate Administration, Estate Litigation, Family Conflict
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