Estate Administration

Total 501 Posts

Human Rights Tribunals Continue To Disproportionately Require Probate

• • 0 Comments

As my colleague Joanna Lindenberg and I have blogged about the Human Rights Tribunal of Ontario has taken the position that it requires a certificate of appointment of estate trustee (i.e. probate) in order for an application before the HRTO to proceed. Now, in Boyd v. Steeves & Rozema Enterprises Ltd. cob Landmark Village, the HRTO has doubled-down on its position, claiming that it lacks the authority to proceed with….

Human Rights Tribunals Continue To Disproportionately Require Probate Continue Reading »

Estate Administration, Estate Administration and Probate Applications, Wills

What Happens When a Shareholder (Voting) or a Director Becomes Incapable; Powers of Attorney for Property and Shareholder Agreement Drafting Tips

• • 0 Comments

This is Part II of my saga on addressing circumstances of incapacity, Part I can be found at: https://allaboutestates.ca/powers-of-attorney-for-property-implications-of-obtaining-a-formal-capacity-assessment/. Part II, being this blog post, addresses two situations that we, as estate planners, are commonly asked about: Director becomes incapable – who can sign for them? Shareholder (voting) becomes incapable – who can attend to governance regarding electing directors and officers and what can be considered at the shareholder agreement….

What Happens When a Shareholder (Voting) or a Director Becomes Incapable; Powers of Attorney for Property and Shareholder Agreement Drafting Tips Continue Reading »

Capacity Law, Estate Administration, Estate Planning, Power of Attorney, Wills

A CAREER IN WILLS AND ESTATES – COULD IT BE FOR YOU?

• • 12 Comments

This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP As our fellow blog writer, Audrey Miller wrote earlier this week (here), new Census data indicates that the number of seniors over age 85 is expected to triple in the next 25 years. Could this be an opportunity? This week we welcomed summer law school students and co-op law clerk students into our firm. As I chat….

A CAREER IN WILLS AND ESTATES – COULD IT BE FOR YOU? Continue Reading »

Elder Care, Estate Administration, Estate Litigation, Estate Planning, Executors, Uncategorized, Wills

When Does a Class of Beneficiaries Close?

• • 0 Comments

“To my grandchildren…” Sometimes, a testator will leave testamentary gifts to an undefined class of people, rather than to beneficiaries by name. Gifts might be left to “my children” or “my grandchildren” or even “the children of my niece” without any further specifications in the will[1]. This practice raises a question. Who are the precise members of this type of undefined class? Is the testator referring to people who fit….

When Does a Class of Beneficiaries Close? Continue Reading »

Estate Administration, Estate Litigation, Estate Planning

How A Rumoured Las Vegas Wedding To A Russian Child Star Shook Up An Intestacy

• • 3 Comments

The background to the unopposed motion was lurid: a prominent lawyer cut down before her time and a last-minute Las Vegas marriage to a former Russian child star. In Estate of Tanya Claudia Davies, 2022 ONSC 2009, the court stayed an application for a certificate of appointment of estate trustee due to the court’s general supervisory role over officers of the court and internet rumours. Tanya Davies was a prominent….

How A Rumoured Las Vegas Wedding To A Russian Child Star Shook Up An Intestacy Continue Reading »

Estate Administration, Estate Administration and Probate Applications, Estate Litigation, In the News

Crypto assets – Canadian or foreign – it matters!

• • 2 Comments

Crypto assets are intangible digital assets that exist on a decentralized network through distributed ledger technology (DLT) – such as blockchain. A distributed ledger is a type of database that stores electronic records shared and replicated across many locations in numerous countries and maintained by a peer-to-peer world-wide decentralized network. Therefore, the crypto asset is not exclusively situated in any particular country making it difficult for the taxpayer and professionals….

Crypto assets – Canadian or foreign – it matters! Continue Reading »

Estate Administration, Tax Issues
Scroll to Top