Estate Administration

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Secret Trusts

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Secret and trusts are essentially trust arrangements made between a testator and a trustee, without written disclosure or agreement of the terms of the arrangement, but where an understanding exists between the parties. Based on precedent in case law, the essential elements of a secret trust are: • An intent by the testator to subject the trustee to an obligation in favour of a beneficiary; • Communication of that intent….

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Estate Administration, Estate Litigation, Liability, Resulting Trust, Trustee, Trusts, Uncategorized, Wills

It’s Time to Ring in a New Year, A New Decade with Change

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Today’s blog is being brought to you by guest blogger, Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. The Ontario government has tabled a new Bill that would see a change to various Acts and would look to simplify court matters.  Bill 161 – Smarter and Stronger Justice Act, 2019 is set to become a reality if it can pass through the legislature when….

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Estate Administration, Estate Administration and Probate Applications

Dead People Who (Still) Make More Money Than You

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  Imagine this – You’re a movie director on the independent film circuit. You need to cast the lead in your latest project, but you’ve spent most of your budget on skinny jeans and fair-trade lattes. You’re looking for someone that personifies being disillusioned, while also being super cool. Someone with star power. Someone ridiculously good-looking. Someone ridiculously cheap. You’re looking for a rebel. Someone so rebellious, that they don’t even….

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Estate Administration, Estate Planning, In the News

Can You be Removed as a Trustee Without a Replacement?

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The recent case of Novak v. McDougall, (2019 SKQB 261), confirms that when you have accepted an appointment to be trustee, you may not be able to have yourself removed from that appointment without a suitable replacement. The applicant in this case, a beneficiary of a “Henson” trust (basically defined as being entitled to distributions from a discretionary trust but having no vested interest in the trust assets) set up….

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Capacity Law, Contested wills, Costs, Credibility, Estate Administration, Estate Litigation, Executors, Family Conflict, Guardianship, Passing Of Trustees’ and Executors’ Accounts, Resulting Trust, Trustee, Trustee Compensation, Trustee Disputes, Trusts, Uncategorized, Wills
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