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…
Category: Contracts
Total 36 Posts
Pictured: A screenshot of a discussion between a Steam user and a Steam Support representative that has taken the internet by storm. Usually, I get my trusts and estates-related news from legal blogs, LinkedIn or emails from colleagues. So, you can imagine my surprise when I stumbled upon a pretty…
Generally, many of the estate litigation cases we see settle before the hearing of the application or before the matter proceeds to trial. However, quite often, minutes of settlement are not executed at the time an agreement is reached. Indeed, cases are sometimes resolved late in the evening or there…
Declaratory Relief Defined It is well understood that a court can order a party to do something or order a party to refrain from doing something. Another power of the court is its ability to make declarations. The Court of Appeal for Ontario defined a declaratory judgment in Bryton Capital…
With summer concerts, tours, and music festivals in full swing, I thought I would share estate planning considerations unique to music artists (the performing artists and songwriters, unless specified otherwise, the “artist”). I will use Taylor Swift as an example because the Taylor Swift/Scooter Braun controversy is helpful to my…
Families often fall into patterns and routines; they are comfortable, stable, and predictable. They can also give rise to legal rights over land. The extent and enforceability of those rights is often put to the test following death or divorce. Such was the case in Tomek v Zabukovec, 2020 ONSC…
These days, it is quite common to find intergenerational wealth transfer to consist of property held in a discretionary family trust whose beneficiaries may or may not have been in marital relationships at the time of the time the trusts were created. A siginifcant number of legal and financials issues…
Because the doctrine of suspicious circumstances was developed in respect of probate and wills, it cannot easily be exported into other areas of law, including contract law.
Today’s blog post was written in collaboration with Adele Ambrose – Student-at-Law at Fasken. This is the second part in a two-part blog series that explores the specific client considerations for digital assets in estate planning. In Part I, we took a look at the digital assets landscape in Canada…
Today’s blog post was written in collaboration with Adele Ambrose – Student-at-Law at Fasken. It has become clear that the “wait and see” approach to digital assets and digital currency has now shifted to a need for prudent guidance and action by advisors and institutions. According to CoinMarketCap, the total…