Estate Planning

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“Can you tell me a bit about your practice?”

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This week, like many law firms in Toronto, Fasken participated in the annual 2L student recruitment process. I had the opportunity to meet many wonderful students, all with impressive backgrounds and bright futures ahead. I was asked by many of the students about my practice, and what I enjoyed most about estate planning. It was a great opportunity to reflect on what I love about my work. I thought I….

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Estate Planning, Practice Management, Succession Planning, Wills

I Would Like Exculpatory Clauses and a Side of…

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Exculpatory clauses or indemnity clauses in wills and trusts are common forms of protection provided to the trustees by testators and settlors. When a trustee is appointed under a testamentary or inter vivos trust document to administer and manage an estate or a trust, some consider it to be an honour and a privilege.  Unfortunately, the reality of the office of the trustee is often fraught with inexperience, lack of….

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Estate Litigation, Estate Planning, Executors, Wills

Why you Need a Power of Attorney When You Are Alive

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November is Make a Will month. It is reported that more than 55% of Canadians are without a Will. Still, it is a must-have for anyone with property or assets. While a Will may anchor an estate plan, it is only executed when you pass away. Even more compelling is that while we are alive, we may need someone to act on our behalf if we cannot speak for ourselves…..

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Elder Management, Estate Planning, Executors, Power of Attorney, Smart Ageing

A Reminder of the Importance of a Cy-Près Clause

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As an estate planning professional, philanthropy is a great tool in your toolkit. However, if your client intends to incorporate philanthropy into their estate plan, the importance of including a cy‑près clause in their Will cannot be understated. If there is no cy‑près clause in the Will and the charity has ceased to exist, an application to the Court must be made for direction as to whether the gift has….

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Charitable Giving, Courts, Estate Administration, Estate Planning, Philanthropy/Charitable Giving

U.S. Filing Requirements for Canadian POAs, Joint Accounts, and Bare Trusts

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This article is written by Nicole Ewing, Director, Tax & Estate Planning, TD Wealth Whether it’s a Power of Attorney (POA) for Property document, a joint account, or a bare trust relationship, if a U.S. person’s involved, things can get complicated quickly. Canadians without U.S. ties can find themselves and their assets subject to the scrutiny of U.S. authorities simply by engaging in common estate planning activities. One such issue arises….

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Estate Planning, IRS, Power of Attorney, Tax Issues, United States, US Taxes

Why Snowbirds Need An International Lifestyle and Care Plan

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Bondi Beach

Earlier this month, one of my fellow bloggers, Derek Hambly from Scotiatrust, wrote about the necessity of an international estate plan and the strategy of using separate wills for property or assets in another country. As part of a holistic Estate Plan, if you spend considerable time outside Canada, it’s equally important to consider your lifestyle and care plans. From a smart ageing perspective, an Estate Plan is much more….

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Estate Planning, Smart Ageing
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