property

The Law of Substitution de residuo under the Civil Code of Québec: A Refresher from Recent Québec Superior Court Decisions

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This blog has been written by Frédéric Barriault, Counsel, at Fasken LLP The decisions in De Forte c. Kassardjian, 2025 QCCS 91, and Succession de Tremblay c. Abran, 2025 QCCS 2626, offer a coherent and complementary articulation of Québec law governing substitutions de residuo, particularly regarding (1) their legal validity, and (2) the limits imposed by public order rules. Together, these judgments reaffirm the primacy of the testator’s intent while clarifying….

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Estate Administration, Estate Litigation, Estate Planning, Wills

From Inventory to Distribution: Managing Household Items in an Estate

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Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Managing and distributing household contents in an estate can be a daunting task, filled with both emotional and practical challenges. In this blog, we’ll explore the essential steps and considerations for handling household items in an estate, from creating an inventory and appraising items, to distributing them among beneficiaries, to dealing with sentimental belongings. Whether you’re an estate….

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Estate Administration, Executors, Grief, Property

Marriage Contracts Are Cross-Border Issues Too!

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This blog has been written by Darren Lund, partner at Fasken LLP Cross-border estate planning is undoubtedly a complex affair. When clients have assets in a foreign jurisdiction[1], are resident or have citizenship in a foreign jurisdiction, or wish to benefit individuals who are resident in a foreign jurisdiction, planners must navigate a myriad of tax, succession, and estate administration rules, among others, in multiple jurisdictions – rules that often….

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Contracts, Property, Separation

Real Estate in Estate Planning: Tax Consequences

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Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Many Canadians hold a large share of their wealth in personally-owned real estate and consider it to be a critical part of their wealth-building strategy. Donald Sutherland, the well known Canadian actor who passed away in June of this year, is purported to have had a multimillion dollar real estate portfolio at the time of his death. For….

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Estate Planning, Probate Tax, Property, Real Estate, Tax Issues, Uncategorized

Taking Back Control of Real Property

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It is important to consider estate planning objectives when entering into real estate transactions. For example, a client may intend to retain control of real property in that they intend to be able to dispose of it on death. However, if the relevant estate planning objectives are not identified and considered at the time of the transaction, other goals may be prioritized instead; this may result in the structure of….

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Estate Administration, Estate Planning, Property, Real Estate

Wedding Season is Here: The Impact of Marriage on Estate Planning

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As we turn the corner from winter to spring, we also enter into another important time of year: wedding season. With the start of this season, estate planners should remind themselves, and their clients, of a few of the critical intersections between family law and estate law that specifically impact married (as opposed to cohabiting) couples: As of January 2022, following the passage of the Accelerating Access to Justice Act,….

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Estate Planning, Property, Spouse, Wills
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