Estate Administration – Page 4

Review or Update Your Will Every Few Years—Your Beneficiaries Will Thank You

Corina Weigl • November 7, 2025 • 1 Comment

This blog has been written by JOSEPH STONEHOUSE, litigation associate at Fasken LLP (Toronto) In a recent decision, Justice Myers of the Superior Court of Justice dismissed claims by beneficiaries under a will against the drafter because those claims were brought more than 15 years after the defendant drafted the will. The court determined that, despite the perceived unfairness, the legislative intent behind the Limitations Act necessitated striking the plaintiffs’ claims…..

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Limitation periods, Succession Planning, Wills

Is it fair and reasonable to expect executor compensation?

Gowling WLG LLP • November 4, 2025 • 0 Comments

Today’s blog was written by Douglas Buchmayer, partner with the Ottawa office of Gowling WLG (Canada) LLP. Executor compensation can be a challenging and sometimes uncomfortable topic to address with clients when preparing their wills. If the will does not mention compensation, the default rule under section 61 of the Trustee Act (Ontario) is that a trustee (which includes an executor) is entitled to fair and reasonable compensation for their….

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Compensation, Estate Administration

Does the Presumption of Advancement Apply to Joint Bank Accounts with a Common-Law Spouse?

Tamar Silverbrook • October 17, 2025 • 1 Comment

The addition of a common-law partner as a joint owner of a bank account with a right of survivorship may give rise to initial uncertainty as to whether the arrangement constitutes a gift. While such a designation may appear to be a gratuitous transfer, the presumption of advancement does not apply to a common law spouse added onto a joint account, even if there is a right of survivorship. If….

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Estate Administration, Estate Planning, Spouse, Wills

Spousal Trusts Without the Trust Issues: Picking the Right Trustee – A Primer and Reminder

Gowling WLG LLP • October 6, 2025 • 0 Comments

Brianna Fable-Watson, Articling Student, Gowling WLG (Canada) LLP When planning your estate, creating a spousal trust is an effective way to ensure that your spouse is financially supported while also protecting the inheritance for your children or other beneficiaries. In a typical spousal trust, your surviving spouse receives the income produced from your assets during their lifetime, while the capital is (potentially) preserved for the next generation after they pass…..

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Estate Administration, Estate Planning, Executors, Spouse, Trustee, Trustee Disputes

Estate Planning and Rental Properties

Sebastien Desmarais • September 23, 2025 • 0 Comments

Over the last couple decades, many Canadians have invested in real estate, more specifically, in rental properties. As a result, their real estate holdings will constitute a substantial part of their estate therefore, their estate plan should consider how best to minimize capital gains on death and preserve their real estate investments for the next generation. Indeed, one should not overlook the tax implications involved on the death of an….

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Estate Administration, Estate Planning, Property, Real Estate, Tax Issues

Valuing In-kind Donations

Malcolm Burrows • September 18, 2025 • 2 Comments

There is a saying among charitable gift planners: “beware of donors of in-kind property with valuations in hand.” In other words, some gifts may be too good to be true. This folk wisdom contains a serious point. Donors, executors and charities often struggle with the valuation of in-kind donation. Who commissions and pays for in-kind donation appraisals, the donor or charity? Does the valuation have integrity? Standard Practice The recommended….

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Estate Administration, Estate Donations, Uncategorized