Estate Planning

Total 1067 Posts

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

Clarifying U.S. Estate Tax for Canadians

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It comes as a surprise to many Canadians to learn their estate may be subject to U.S. estate tax. Indeed, the U.S. estate tax regime is broad and complex and misunderstood by many Canadians. This article will provide a summary overview of its application to Canadian and how to minimize its implications. U.S. Estate Tax Regime in General All U.S. persons (U.S. citizen, U.S. resident or green card holder) are….

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Canadian and US Tax Treaty, Estate Planning, International, IRS, Tax Issues, US Taxes

The Limits of Pour-Over Clauses in Ontario (And What to Do Instead)

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    Today’s blog was written by Karen La Caprara, Counsel, at Fasken LLP. Pour-over clauses in wills are a staple in U.S. estate planning, used to direct estate assets into an existing trust. But in Ontario and British Columbia, these clauses can lead to invalid testamentary gifts, intestacy, and costly litigation. What Is a Pour-Over Clause—and Why Is It Problematic? A pour-over clause is a provision in a will that….

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Estate Administration, Estate Planning, Succession Planning, Tax Issues, Trusts, United States, Wills

Legacy/Death Planning Through a Cultural Lens: Insights for South Asian Families

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Scotiatrust

This blog post was written by: Rafia Babar, Associate Estate and Trust Consultant, Scotiatrust Calgary   Legacy planning is not the same for every family. It is especially unique for South Asian families as it often intertwines with cultural norms, religious beliefs and deeply rooted family dynamics that differ from western culture. Understanding these cultural intricacies is essential for professionals that want to build trust and provide culturally competent services….

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Estate Planning, Wills

Marriage Contracts: Process Over (okay, at least equal to) Substance

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This blog has been written by Darren Lund, Partner at Fasken LLP.   In several of my previous blogs, I have written about marriage contracts, and why they are an important element of estate planning. From a substantive perspective, there are many reasons why these agreements are relevant and may be needed to support a comprehensive estate plan.[1] If a family business owner has implemented an estate freeze that includes….

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Estate Planning, Spouse
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