Estate Planning

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Cottage Trust Planning – Points for Consideration

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Fall officially arrives on Monday. School has started, the leaves are turning colour, and for many families, it’s time to think about closing the cottage for the year. As estate planners know, the cottage is not an ordinary asset. It’s a special place where memories are made and traditions are passed down, and as a result, planning for its succession can be challenging. Often, individuals will include a trust in….

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Cottage, Estate Planning, Property, Succession Planning, Trustee, Trusts, Wills

The Benefits and Limitations of “Family Law Clauses”

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This week’s blog has been written by Darren Lund Estate planning and family law intersect in numerous ways. One of the most obvious intersections between these two areas of law is the so-called “family law clause” that appears in Ontario wills, deeds of gift, and inter vivos trusts. Although the clause is ubiquitous, it is one that is easily misunderstood by lay readers of wills, deeds of gift, and trusts…..

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Estate Planning, Trusts, Wills

Gift or Loan? A Family Feud Unwrapped in Court

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This blog post was written by Mohena Singh, Associate at Fasken LLP In the realm of family law and financial planning, the case of Klemensiewicz v. Klemens et al sheds light on the intricacies of familial financial support, particularly the distinction between gifts and loans. Often as estate planners, we see that individuals want to provide for their family members both during their lifetime and through their estate after passing. Many individuals prefer….

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Courts, Estate Planning, Family Conflict

AI Generated Wills: Can Courts Fix a Robot’s Mistake?

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scotiatrust

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust   AI has started writing Wills. That might sound futuristic, but it’s already happening. Generative tools can churn out documents that look polished, formatted, and ready to sign. But what happens when those words don’t match what the person actually intended? Can a court fix an AI-generated Will the way it might fix a solicitor’s drafting error?   Think….

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Contested wills, Estate Planning

A Selfie Isn’t a Will: The Problem with Video “Wills”

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scotiatrust

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust   This summer, the Montana Supreme Court had to weigh in on a modern question: can a selfie video serve as a person’s last Will? The short answer was no. In a case that made headlines, the court rejected a man’s video-recorded “selfie Will.” Even though he clearly expressed that he wanted his brother to inherit everything, the court ruled….

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Contested wills, Estate Planning, Wills

The Letter of Wishes: A Personal Touch to your Estate Plan

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP. As estate planning legal professionals, we sometimes lose sight of how difficult and confusing reading a Will can be, often full of “legalese” and sentences that seem to go on forever. An executor reading the will may not fully grasp what it is they are meant to do and how to make the difficult decisions they are asked….

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Estate Planning, Trusts, Wills
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