Estate Planning

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Revisiting the importance of language when using multiple wills

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This blog contributed by Mohena Singh, Associate @ Fasken LLP A long-time practice of estate planners has been preparing multiple wills for clients to minimize the amount of estate administration tax an estate must pay. The general idea of a primary and secondary will is to exclude property that does not require probate from the primary will so that the total value of assets requiring probate is reduced. However, if….

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Credibility, Estate Planning, Executors, Property, Real Estate, Succession Planning, Uncategorized, Wills

Game Changers in Managing Care: Powers of Attorney for Personal Care (POAPC) & Substitute Decision Making

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It’s Super Bowl Sunday as I write this, and in the lead-up to the game, football fans are debating what game changers may be possible to gain an advantage and win. Why not apply the same breakthrough analogy to address critical issues in managing care? What game changers can we trigger to deliver more productive outcomes for people? The Power of the Powers of Attorney for Personal Care (POAPC) &….

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Capacity Law, Caregiving, Elder Care, Elder Law, Elder Management, Estate Planning, Geriatric Care Management, Smart Ageing

Gotta Catch ‘Em All: Pokémon Cards and Personalty Clauses

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Just under six years ago, I bought a Pokémon Trading Card Game (TCG) Venusaur Ex Red and Blue Collection Box. I was feeling stressed about studying for my law school exams and, being a massive Pokémon fan, I went for a walk to my local hobby store and decided to engage in some retail therapy. For those of you who are not TCG players, it’s hard to explain the wonderful….

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Contested wills, Estate Litigation, Estate Planning, Succession Planning, Wills

This Blog Was Written by a Bot

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The Advent of AI Technology Last week, I read a tongue-in-cheek post on LinkedIn about what the dockets of a lawyer practising in the 1950’s may have looked like. Humorous entries included everything from fixing jammed typewriters to doing legal research with ancient tomes. This lawyer’s social critique was insightful: technology has greatly improved the private practitioner’s efficiency, but it has not made it easier to meet billable targets. Technological….

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Estate Administration, Estate Administration and Probate Applications, Estate Planning

What Happens if Something Happens to your Executor?

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Choosing who to name as the executor of your estate is an important decision to make when preparing your will (and a topic on which other All About Estates blogs have been written). But what happens if something happens to your executor, and they are unable or unwilling to act? Who will administer your estate? This blog will explore the scenario of an executor dying before the testator (the writer….

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Estate Administration, Estate Planning, Executors, Wills

Trust and estates beware of the new Underused Housing Tax

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The recently enacted Underused Housing Tax Act[i] (UHTA) applies a one per cent tax on the ownership of vacant or underused housing in Canada. Per the Canada Revenue Agency’s (CRA) published notification[ii] on Jan 17, 2023, “the vast majority of Canadian owners of residential property are excluded owners and, therefore, do not have any obligations and liabilities under the UHTA. However, the underused housing tax is payable by certain Canadian….

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Canada Revenue Agency, Estate Administration, Estate Planning, Tax Issues, Trustee
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