Estate Planning

Total 1065 Posts

When Private Foundations Die

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Pieter Claesz, “Vanitas Still Life” 1630. Private foundations are believed to be durable entities.  Perpetuity is often assumed at the planning stage.  Canada Revenue Agency (CRA) data shows, however, that 3,073 private foundations closed during the period 2000 to 2025. Growth in Private Foundations Private foundations have seen significant growth in Canada, with an increase in assets of over 300% in the last 20 years to over $100 billion in….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving

To Validate or Not to Validate: That is the Question

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Today’s blog has been written by David C. Rosenbaum, Partner, at Fasken LLP Subsection 21.1(1) of the Succession Law Reform Act (SLRA) permits the Superior Court of Justice to validate a document or will that was not properly executed or made under the Act, if the deceased died after January 1, 2022, and the Court is satisfied that the document or will “sets out the testamentary intentions of a deceased”…..

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Estate Administration, Estate Litigation, Estate Planning, Succession Planning, Wills

Net Family Property Exclusion Clause in Wills

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Today’s blog was written by Douglas Buchmayer, partner with the Ottawa office of Gowling WLG (Canada) LLP, together with the assistance of our summer law student Stephanie Katajamaki. It would be rare to find an Ontario Will drafted by a lawyer that does not contain a Family Law Act, Net Family Property clause. They are ubiquitous. However, few clients fully appreciate the limited purpose or utility (and necessity) behind these….

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Estate Planning, Family Conflict

Navigating Bequests of Real Estate Under Your Will: Language Matters

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  Are you planning to leave real estate to a loved one under your Will? Do you want that property to be transferred free of debt or other claims? If you’re making a specific gift of your interest in freehold or leasehold property that is subject to a mortgage, as defined in Ontario’s Succession Law Reform Act (RSO 1990, c S.26) (“SLRA”), at the date of your death (the “Property”),….

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Estate Planning, Property, Real Estate, Succession Planning, Wills

Trusteeship Part 2: Avoiding Pitfalls—Best Practices for Estate Trustees

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Today’s blog has been written by Latoya Brown, Associate, at Fasken LLP In Part 1 of this series, we explored the importance of selecting the right trustee, using Jones v. Jones[1] to highlight what can go wrong when a trustee lacks a clear understanding of their fiduciary obligations. In this follow-up, we turn to what happens after the appointment—how trustees can fulfill their duties effectively and avoid the kind of….

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Estate Litigation, Estate Planning, Property, Trustee, Undue influence, Wills

The Three Ds

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Scotiatrust

This blog post was written by: Mario Gravel, Estate and Trust Consultant, Scotiatrust Ottawa   Allow me to share a story of a client interaction with you. Dear client, do you know how important it is to have a proper legal Will?  Yes. Check. You also know about the peace of mind that having a proper Will provides? Absolutely. Check.  Well, looks like all the ground has been covered, right?  Well, not quite. First….

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Estate Planning, Funeral Planning, Wills
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