Estate Administration

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Inheritance Tax – Why should you care?

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The Canadian concept of taxing the deceased by deeming a disposition at death is contrary to many countries where the inheritance tax is paid by the heirs upon receiving money or properties from a deceased person. In other words, while Canada taxes the deceased on death, most countries – notably most countries in the European Union (EU) – tax the beneficiaries. Therefore, any proceeds received as a consequence of death….

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Estate Administration, International, Tax Issues

Removing and Replacing An Incapable Estate Trustee

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Cartoon of a big white brain behind an older adult walking with a cane to represent dementia.

Andrew Coates, Associate, Gowling WLG (Canada) LLP Betty Laidlaw contributed an informative two-part series in 2023 regarding “What Happens If Something Happens to Your Executor?” In the second part, Betty explained the process for the alternate executor named in a Will making an application for a Certificate of Appointment of Succeeding Estate Trustee with a Will under Rule 74.06 of the Rules of Civil Procedure in the circumstance where the….

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Estate Administration, Estate Administration and Probate Applications, Executors, Trustee

Planning for Cottage Season

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP With the summer months now here, we enter into another cottage season – a time for family and friends to gather, make new memories and relax and unwind. For many, cottages hold significant sentimental value. They are a place to spend time with loved ones and to watch children, and even grandchildren, grow up. But before jumping into….

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Cottage, Estate Administration, Estate Planning, Property, Uncategorized

The Buy-Sell Agreement At Death

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Estate and corporate advisors often suggest to shareholders to enter into a shareholders’ agreement. The shareholders’ agreement is essentially a contract where the shareholders plan in advance for certain contingencies or future events for which they are in agreement as to the outcome. Essentially, the shareholders’ agreement governs the shareholders’ relationship and the rules and procedures in case of a dispute or an event, notably, the transfer of shares on….

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Estate Administration, Estate Planning, Small Business, Tax Issues, Wills

YOU ARE HIRED…WAIT, DID I EVEN APPLY?

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This blog has been written by Sandra Arsenault, Law Clerk at Fasken Martineau DuMoulin LLP No, you likely did not. Most people don’t apply to become an executor of an estate. An executor is responsible for administering the estate of a deceased person from the date of death until all debts are paid and all assets of the estate are realized and distributed in accordance with the terms of the….

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Estate Administration, Estate Planning, Executors, Wills

The Next Succession? Lessons from a family estate gone wrong…

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Today’s blog was written by Karen La Caprara, Counsel, at Fasken Martineau DuMoulin LLP. This being my first All About Estates blog, I thought I would make it a personal one. So, as an introduction, I decided that I would share my family experience that contributed to my decision to practice in the area of wills and estates.[1] I won’t get into the nitty gritty of all that went down,….

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Estate Administration, Estate Planning, Executors, Family Conflict, Trustee, Wills
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