Estate Administration

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The Limits of Pour-Over Clauses in Ontario (And What to Do Instead)

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    Today’s blog was written by Karen La Caprara, Counsel, at Fasken LLP. Pour-over clauses in wills are a staple in U.S. estate planning, used to direct estate assets into an existing trust. But in Ontario and British Columbia, these clauses can lead to invalid testamentary gifts, intestacy, and costly litigation. What Is a Pour-Over Clause—and Why Is It Problematic? A pour-over clause is a provision in a will that….

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Estate Administration, Estate Planning, Succession Planning, Tax Issues, Trusts, United States, Wills

BEHIND THE SCENES – A LEGAL ASSISTANT’S ROLE IN ESTATE PLANNING AND ADMINISTRATION FILES

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I’m confident that lawyers and clerks who work with assistants will agree: legal assistants are vital to the daily operations of a legal practice. There have been a number of blogs written about the day in the life of an estate planner or a law clerk working in estates. In today’s blog, I’ve invited my assistant, Sarah Whelan, to share insights into her role and highlight the key aspects of….

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Estate Administration, Estate Planning, Wills

What Stuff?

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Scotiatrust

This blog post was written by: Patricia Chartrand, Estate and Trust Consultant, Scotiatrust Vancouver Scandinavian death cleaning is the act of purging the superfluous and keeping the necessary in anticipation of your passing. The result is leaving the smallest physical footprint upon passing. It takes much less effort for your executors to distribute your life’s detritus as it was intentionally comprised only of things that had utility, a well-curated collection…..

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Estate Administration, Estate Planning

Ontario Estate Information Return Essentials

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  The Institute of Law Clerks of Ontario recently hosted an education session on Ontario’s Estate Administration Tax (“EAT”) and the Estate Information Return (“EIR”), presented by a representative of the Ontario Ministry of Finance (“MOF”). I was particularly interested in this session as I wrote about the new online filing process for EIRs in my last blog post https://allaboutestates.ca/estate-information-return-the-new-online-process/. Today’s blog will share some of the key takeaways from….

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Estate Administration, Estate Administration and Probate Applications, Estate Planning, Probate Tax, Tax Issues, Wills

Articles and Personal Effects – Oversight for Wills

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Scotiatrust

This blog post was written by: Holly Van Schouwen, Estate and Trust Consultant, Scotiatrust Victoria It’s a sad time, A parent has passed on and the adult children are reviewing the Will.  One or more of the children are named to provide oversight in distribution of personal effects (articles).  This can become a contentious issue if there are strained relations within the family. Where there is no specific language around….

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Estate Administration, Estate Planning, Executors, Trustee Disputes, Wills

Avoiding an Accidental Intestacy: A Reminder for Drafting Lawyers

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I recently had the pleasure of leading a course for lawyers who want to learn how to draft Wills (or improve their existing skills). One of the topics that we discussed at some length was how best to draft a residue provision in a Will, where there are multiple residuary beneficiaries. I thought it may be helpful to summarize a key discussion point from our session here, as in my….

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Estate Administration, Estate Planning, Wills
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