Succession Planning

Total 151 Posts

Finality Matters: Smith v. Bechtel in the Evolving Jurisprudence on Substantial Compliance

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This blog was co-authored by Latoya Brown, Associate and Ciaran Sheahan, Student-at-Law at Fasken LLP Ontario courts have, in recent years, considered a growing number of cases addressing the scope of their curative jurisdiction under s. 21.1 of the Succession Law Reform Act (the “SLRA”), following the amendment empowering them to do so. These decisions continue to refine the doctrine of substantial compliance and to provide clarity on what constitutes….

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Charitable Giving, Contested wills, Estate Administration, Estate Litigation, Estate Planning, Succession Planning, Wills

Dust Off The Shareholders’ Agreement

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It is common to suggest shareholders enter into a shareholders’ agreement, where each shareholder assumes certain rights and obligations relating to the business of the corporation. The shareholders’ agreement typically includes provisions dealing with the management of the business and future transfers of shares upon death or other circumstances. Unfortunately, once the shareholders’ agreement is signed, it is often filed in the corporate minute book and never reviewed by the signatories. There….

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Business Succession Planning, Contracts, Estate Planning, Succession Planning

The Liquidator: The Central Player in Quebec Succession Disputes

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This blog has been written by Frédéric Barriault, Counsel, and Yoni Feingold, Partner, at Fasken LLP In Quebec’s civil law tradition, the liquidator occupies a central institutional role in the administration and litigation of successions. The legal framework governing this role draws principally from two sets of rules: the regime of liquidation of successions and the regime of administration of the property of others. Together, these systems create a coherent….

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

Planning for the People You Love

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This blog has been written by Latoya Brown, Associate at Fasken LLP Valentine’s Day is often associated with flowers, cards, and grand gestures. But beyond the chocolates and celebrations, February also offers a quieter reminder of what truly matters: the people we care about. It’s an opportunity to pause and reflect on how we show care, not just through gestures or words, but through thoughtful planning and intention for the….

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Estate Administration, Estate Planning, Family Conflict, Power of Attorney, Succession Planning, Wills

Gifting Farmland, an Estate Strategy?

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Gifting property to the next generation is an estate strategy at its simplest form. For farming families, farm succession planning can often be complex considering the difficulties associated with “equalizing” a farmer’s estate between their children in circumstances where a child is actively involved in the farming business while the other is not. An equalization option that is sometimes considered by the farmer is to sever the farmland with the….

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Farm, Property, Real Estate, Succession Planning, Tax Issues

Love, Marriage and U.S. Tax…

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Love knows no boundaries and neither do the U.S. tax rules. Marrying a U.S. citizen will result in U.S. tax implications for the couple that should not be ignored. This article will review a few U.S. tax considerations for married couples (that include a U.S. citizen). Proper Tax Filing Contrary to Canada, the U.S. tax filing requires an individual taxpayer to file their tax return as “single” or “married filing….

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Succession Planning, Tax Issues, U.S. Citizen, US Taxes
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