Estate Planning

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The International Estate Plan

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A Will in every Port The laws of succession, probate, and property differ from country to country, state to state and jurisdiction to jurisdiction. As such, a prudent testator should consider having a Will in every jurisdiction where they own property. Certainly, there are methods by which a domestic Will can be used to handle foreign assets (or the other way around) through ancillary probate processes however, this can be….

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Estate Administration and Probate Applications, Estate Planning, Executors

Of Books and Beneficiaries

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This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP. A Season of Beginnings, Endings, and Books As the leaves change and the weather cools, I imagine curling up in a cozy spot with a hot beverage and a new book. Autumn is when we salute the end of summer and greet a crisp new season. For some, this time marks a new year and a new….

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Estate Administration, Estate Administration and Probate Applications, Estate Planning, Executors, Wills

A Will of Its Own: Additional Wills for Unusual Assets

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Using “dual wills” as part of an estate plan is a well-established and frequently used strategy in Ontario and across Canada. This involves the execution of two wills. A Primary Will that deals with estate assets which cannot be distributed to a testator’s beneficiaries without a Certificate of Appointment of Estate Trustee (formerly “probate”), and a Secondary Will that deals with assets that can be distributed without the requirement of….

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Business Succession Planning, Estate Administration and Probate Applications, Estate Planning, Wills

Empowering families: protecting the ones that need it the most

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Many of us are speaking to our clients about estate planning or supporting clients who are speaking to their other advisors about estate planning.  Have you thought about the questions that we pose to such clients.   Have you thought about your estate plan? Is  your will drafted as per your wishes and needs? Do you have a power of attorney in place? Who will do what in case something comes….

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Caregiving, Disability, Estate Planning

LCGE for Sole Proprietors – When the Exception Makes the Rule

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This article is written by Nicole Ewing, Director, Tax & Estate Planning, TD Wealth As professional advisors, we often speak in generalities and paraphrase rules to make our complex worlds more accessible to our clients. But there’s a risk in this oversimplification – sometimes important exceptions become unknown and worse, underutilized. For example, when we consider succession planning options for business owners, the Lifetime Capital Gains Exemption (LCGE) invariably takes centre….

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Estate Planning, Small Business, Tax Issues

Lam v Law Estate: Gender bias permits variation of discriminatory will

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Today’s blog post was written by Latoya Brown, an Associate at Fasken LLP. The discussion of discriminatory wills continues with a new case out of the British Columbia Supreme Court. In Lam v Law Estate, 2024 BCSC 156, the court varied a testatrix’s will on the reasoning that the testatrix’s bias did not meet contemporary standards of fairness. The testatrix was survived by her two independent adult children, her son….

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Capacity Law, Caregiving, Compensation, Contested wills, Courts, Dependant Support, Elder Law, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Family Conflict, Succession Planning, Uncategorized, Wills
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