Estate Administration

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Failure to plan can leave minor children in “Another World”: Considerations for the Anne Heche estate

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Today’s blog is written by Latoya Brown, Articling Student at Fasken LLP. The tragic death of soap opera actress of “Another World” Anne Heche, was an unexpected loss for her fans and family. She succumbed to her injuries on August 11, 2022, a week following a car accident that left her in critical condition. Heche died, leaving behind her two sons, 20 year old Homer Laffoon, 13 year old Atlas….

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Contested wills, Courts, Dependant Support, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Guardianship, Wills

PRACTICAL SUGGESTIONS FOR LAWYERS ACTING AS EXECUTORS

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Working in the estates administration area we are called upon to advise and guide clients on their duties, obligations and responsibilities in connection with their role as the executor for the estate.  What happens when your client is also a lawyer?  This blog is not meant to provide legal advice but rather, it is meant to provide some suggestions. Record Keeping Lawyers acting as executors have the same obligations that….

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Estate Administration, Estate Planning, Executors, Wills

Declaratory Relief – Not Always Available

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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 Corp. GP Ltd. v CIM Bayview Creek Inc., 2023 ONCA 363, as follows: “a formal statement by a court pronouncing….

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Appeals, Contracts, Courts, Estate Administration, Executors, Fiduciary Professions, Trustee

Revisiting the “Rule of Convenience”

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Todays blog has been co-written with Murray Braithwaite, Partner, Fasken Martineau DuMoulin LLP, Toronto There has been case law in the past two years where the court has used its discretion to vary the rate of interest on legacies that have not been paid within the “executor’s year” from 5% to a lower rate of interest where the “rule of convenience” applies. Today’s blog will (i) provide a refresher on the….

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Estate Administration, Executors, Interest, Wills

Tax Implications and Considerations involving the Death of a Shareholder of a Private Corporation

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Today’s blog was written by Pritika Deepak, Associate at Fasken LLP This is the last part of a three-part blog series which provides a broad overview of some of the tax implications to consider, with respect to certain assets held at death. Part I, which addresses RRSPs can be found here: https://allaboutestates.ca/what-happens-when-a-taxpayer-dies-with-a-registered-retirement-savings-plan/ and Part II, which addresses exempt Life Insurance Policies can be found here: https://allaboutestates.ca/tax-implications-for-exempt-life-insurance-policies/. Part III of this….

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Estate Administration, Estate Planning, Tax Issues, Uncategorized, Wills

When Estates Law Meets Criminal Law: A Recent Case of a Fraudulent Will

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Estates law doesn’t typically make the news, so my attention is always piqued when I see a headline about a Will. A recent criminal case featuring a fraudulent Will made front-page news, and serves as a reminder of what a powerful document a Will is, the need to carefully plan and safeguard against fraudsters, and the risks inherent in estates law. Last month, Robert Konashewych, a Toronto police officer, and….

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Courts, Estate Administration, Executors, In the News, Wills
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