Estate Planning

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The Cy-Près Doctrine: When Good Intentions Count For Something

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The cy-près doctrine It is common practice to leave a gift to a charity in your will. However, the charity that the testator wished to support may not have been named properly in the will (leading to confusion about who was supposed to benefit from the funds), or may have ceased to exist by the time the testator died. Where a testator intended to benefit a charity, the courts have….

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Charitable Giving, Estate Administration, Estate Donations, Estate Litigation, Estate Planning, Executors, Philanthropy/Charitable Giving, Trustee, Trusts, Wills

The Life and Legacy of Gina Lollobrigida – An Estates Perspective

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Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. Italian cinema legend Gina Lollobrigida passed away at the age of 95 in January 2023.  Known by fans as ‘La Lollo’, she starred in over 60 films which included the likes of Frank Sinatra and Sean Connery. Gina’s legacy includes a past fraught with disputes considered to be some of the most common and ‘classic’ wills and….

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Capacity Law, Contested wills, Elder Care, Elder Law, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Family Conflict, International, Testamentary Capacity, Undue influence, Wills

Facts, Mistakes, and Probate

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Today’s blog was written by Christopher Cook, Student-At-Law at de VRIES LITIGATION LLP In some common law jurisdictions, there exists a fascinating (but rarely applied) legal doctrine called “patent mistake.” This doctrine applies in the context of applications for probate. When asked to probate a will, the court’s task is to determine whether the will in question really is the deceased’s last will and testament. Naturally, this inquiry requires the….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Fiduciary Professions, Succession Planning, Wills

Charitable purposes and estate donations

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Estate planning is an exercise in time travel.  It is impossible to predict the future, especially when the time gap between planning and death is often decades.  Fast forward 25 years, a charity may not exist when the estate is distributed. Charity law identified this problem and a solution to it over 500 years ago. The solution is the charitable purpose in a charitable trust.  In trust law there are “object trusts” that….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Uncategorized

Intergenerational business transfers

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Since the introduction of the draft legislation for intergenerational business transfers (IBT) on March 28, 2023, the National tax services team at Baker Tilly Canada has reviewed the IBT rules in detail.  For a convenient summary of the proposed IBT rules, please refer to the following document prepared by the team – Genuine intergenerational transfers – comparison of the rules.  The objective of this blog is to provide an analysis….

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Business Succession Planning, Estate Planning, Succession Planning

Analog Art, Analog Assets

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For my last blog post, I discussed the potential financial value of an individual’s “personalty” and clauses in wills governing such personalty. While an individual’s more traditional assets may include bank accounts, real estate or vehicles, there may also be some other personal items (e.g. collections) that may have significant financial value for an estate. I’d like to discuss “physical” assets a bit more, this time focusing on assets they….

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Estate Administration, Estate Planning, Uncategorized, valuation
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