Estate Planning

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When Families Collide with Constructive Trusts

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Families often fall into patterns and routines; they are comfortable, stable, and predictable. They can also give rise to legal rights over land. The extent and enforceability of those rights is often put to the test following death or divorce. Such was the case in Tomek v Zabukovec, 2020 ONSC 2930. History of the Property Joseph Sr. (the “Deceased”) and his wife Mary had two sons, Joseph Jr. (the “Husband”)….

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Contracts, Estate Litigation, Estate Planning, Executors, Family Conflict, Limitation periods, Property, Resulting Trust

Ontario Courts determine what constitutes a valid will

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This blog has been written by Mohena Singh, Associate at Fasken LLP In Ontario, there have always been strict and specific guidelines as to what makes a will a testamentary document. The Succession Law Reform Act, R.S.O. 1990, c. S.26 (the “SLRA”) states that a will is valid only if it is in writing and it is signed by the testator and two witnesses, who do not benefit under the….

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Contested wills, Estate Planning, Wills

Gifting 101 – Ademption and Abatement

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Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. The world of wills and estates is a complex one, and it can be easy to lose sight of the bigger picture.  A refresh of keystone practice elements can help remind us to see the forest through the trees.  In this blog, we’ll work through some of the basics of gifting using the concepts of ademption and….

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Estate Planning, Property, Wills

Leveraging the Longevity Dividend – in an Ageing Canada

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We are in the midst of a longevity revolution where people live longer and healthier lives. Economists in the US and UK have written about the longevity dividend or the benefits we could realize with this significant societal shift. Canadian institutions such as governments, corporations, and academics are starting to take note. The Longevity Dividend Last week, I attended a conference at the University of Toronto entitled the “Future of….

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Elder Management, Estate Planning, Smart Ageing

Personal Effects – to Bequest or not to Bequest

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP. As I’m sure many of us know, it can be very easy to accumulate “things” over the years, and sometimes we really only discover how much we actually have during a move, or when cleaning out the contents of a loved one’s home after their passing.  Being an ‘acquiror’ of things – memorabilia for a favourite sports team,….

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Estate Planning, Executors, Family Conflict, Wills

How Much Should You Leave To Your Children And When?

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This week, I had a great opportunity to sit down with Andy Jeffery, Vice President, Family Office Advisory, at Northwood Family Office,[1] to discuss a question frequently raised by clients; “How much should I leave my children and when?” Below we distill our discussion into five questions, providing you with both of our perspectives, being that of a family office advisor and an estate planner. Do clients seek guidance in….

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Estate Planning, Trusts
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