Estate Planning

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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

Jointing family assets to avoid probate: Is it still that simple?

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Douglas Buchmayer, Gowling WLG (Canada) LLP As many of you will be aware, probate is the process by which the Will of a deceased person is submitted to the Court for verification. A tax under the Estate Administration Tax Act of Ontario (formerly known as “probate fees”) of 1.5% is levied on the value of all assets of the deceased dealt with by that Will. Notionally not included in the….

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Estate Planning, Uncategorized

Cross-Border Insurance Planning – Some Basics

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Cross-border insurance planning is tricky but understanding the basics can go a long way in assisting clients. This short article will review some of the key questions to consider in order to avoid potential pitfalls in life insurance planning. Who is the Owner, the Insured and the Beneficiary In the context of personal insurance planning, it is important to appreciate that there are always three (3) parties involved; the owner,….

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Estate Planning, Insurance, International, IRS, Succession Planning, Tax Issues, U.S. Citizen, US Taxes

Arthritis Awareness and Planning Considerations

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Arthritis is not part of the normal ageing process and can steal one’s mobility, independence, and freedom to enjoy life without chronic pain. It is also Canada’s leading cause of disability and workplace limitations. Since September is Arthritis Awareness Month in Canada, I thought readers would be interested in learning the facts about arthritis in our country and what estate planners need to consider. Estate Planners Need to Look Beyond….

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Elder Management, Estate Planning, Smart Ageing

Fall back, Plan forward

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September is an important planning month for many people. There are those planning for their kids to go back to school, some planning to preserve their fruits and vegetables for the colder months ahead while other holiday enthusiasts are planning to decorate for Halloween (too soon…sorry). While planning is at the top of mind, consider Estate Planning. Many changes have occurred in recent months, such as change in capital gains….

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Estate Planning

Waters v Henry: Respecting a Testator’s Free Will to Make “Bad” Decisions

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Irina Samborski, associate and Caroline Mercer, articling student, Gowling WLG (Canada) LLP When an estate is litigated, a deceased person’s decision-making is forced into the public record. Sometimes, the court is asked to pass judgement and correct decisions that may seem unreasonable or unfair. However, some courts prefer to uphold the deceased’s freedom to decide—no matter what the living may think. This was the case in The Estate of William….

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Contested wills, Courts, Estate Litigation, Estate Planning
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