Executors

Total 345 Posts

Will We Need to Start Remembering the “Right to be Forgotten”?

• • 0 Comments
Some myosotis flowers, colloquially known as "forget-me-nots". I thought these would be appropriate for this blog post.

Pictured: Some myosotis flowers; colloquially known as “forget-me-nots”. I thought these would be appropriate for this blog post. In the estate planning world, we often see clients who want to be remembered for generations to come. For example, this could be through establishing a charitable gift, trust or foundation in their will; some people even find value in having some sort of organization, space or physical object named after them…..

Will We Need to Start Remembering the “Right to be Forgotten”? Continue Reading »

Courts, Estate Administration, Estate Planning, Executors, In the News

What Happens if Something Happens to your Executor? – Part Two

• • 0 Comments

It is very difficult to plan for every possible scenario when you are drafting your will. Not only is it important to consider who to name as your executor, but you also need to think about what would happen if something happened to your executor. In an earlier blog, I looked at what happens if an executor dies before the testator and offered some practical considerations. Today’s blog will explore….

What Happens if Something Happens to your Executor? – Part Two Continue Reading »

Estate Administration, Estate Planning, Executors, Trustee

Disclosure of Medical Records: Privacy Matters

• • 0 Comments

In Gilbert v. Girouard, 2023 ONSC 4445, a brother and sister brought a challenge to their father’s wills. The siblings alleged that their third sibling, who was named as estate trustee, exerted undue influence over their father. They also alleged that their father lacked testamentary capacity at the time of signing the wills. In order to gather the necessary evidence to support their claim, the siblings brought a motion to….

Disclosure of Medical Records: Privacy Matters Continue Reading »

Contested wills, Estate Litigation, Estate Planning, Executors, Family Conflict, Testamentary Capacity, Undue influence, Wills

PRACTICAL SUGGESTIONS FOR LAWYERS ACTING AS EXECUTORS

• • 2 Comments

Working in the estates administration area we are called upon to advise and guide clients on their duties, obligations and responsibilities in connection with their role as the executor for the estate.  What happens when your client is also a lawyer?  This blog is not meant to provide legal advice but rather, it is meant to provide some suggestions. Record Keeping Lawyers acting as executors have the same obligations that….

PRACTICAL SUGGESTIONS FOR LAWYERS ACTING AS EXECUTORS Continue Reading »

Estate Administration, Estate Planning, Executors, Wills

Declaratory Relief – Not Always Available

• • 0 Comments

Declaratory Relief Defined It is well understood that a court can order a party to do something or order a party to refrain from doing something. Another power of the court is its ability to make declarations. The Court of Appeal for Ontario defined a declaratory judgment in Bryton Capital Corp. GP Ltd. v CIM Bayview Creek Inc., 2023 ONCA 363, as follows: “a formal statement by a court pronouncing….

Declaratory Relief – Not Always Available Continue Reading »

Appeals, Contracts, Courts, Estate Administration, Executors, Fiduciary Professions, Trustee

Further Assessing Drake’s Estate Planning Needs

• • 0 Comments

Nearly two years ago, I wrote a blog post titled “Assessing Drake’s Estate Planning Needs”. The post looked at rap sensation Drake’s assets vis-à-vis his intent for his son Adonis to be the sole beneficiary of his estate, and the various considerations that he ought to have in planning for the effective transition of his wealth to Adonis. Yet, as any advisor in this space knows, the estate planning discussion….

Further Assessing Drake’s Estate Planning Needs Continue Reading »

Business Succession Planning, Canada Revenue Agency, Executors, Insurance, Investments, Real Estate, Succession Planning, Tax Issues
Scroll to Top