Succession Planning | All About Estates

U.S. Estate Planning & Step-Up in Basis: A Key Rule for Inherited Assets

Sebastien Desmarais • July 28, 2026 • 0 Comments

When advising Canadian clients with cross-border estate planning considerations involving U.S. beneficiaries, the step-up in basis is an important tax concept that can materially affect the beneficiary’s after-tax outcome. A step-up in basis is a significant U.S. tax rule that may affect the capital gains tax payable when inherited assets are later sold. In general, an asset’s tax basis begins with its original purchase price and may be adjusted for….

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

Co-ownership Agreements: Another Tool in the Planner’s Toolkit

Emily Hubling • July 10, 2026 • 0 Comments

I wrote last summer about the use of cottage trusts as a planning tool. As cottage season is upon us again, I thought I’d write about another useful tool in the planner’s toolkit, particularly where several members of a generation are likely to share ownership of a cottage property: the co-ownership agreement. While it’s important to consider the mechanics of transferring a family property to the next generation, it’s equally….

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Cottage, Estate Planning, Property, Real Estate, Succession Planning, Trusts

Life Insurance & U.S. Citizens

Sebastien Desmarais • June 16, 2026 • 0 Comments

When considering life insurance, it’s important to ask: are you a U.S. citizen? The reason for this question is that U.S. citizens who own foreign life insurance policies face a surprisingly complex tax landscape. Unlike domestic policies—which generally enjoy favorable tax deferral and simplified reporting—foreign life insurance contracts (i.e. non-U.S. life insurance) are subject to increased scrutiny, more extensive reporting requirements, and in some cases, U.S. excise taxes. What is….

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Estate Administration, Insurance, Succession Planning, Tax Issues, U.S. Citizen, United States, US Taxes

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

Fasken • May 22, 2026 • 0 Comments

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

Sebastien Desmarais • April 7, 2026 • 0 Comments

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

Fasken • February 27, 2026 • 0 Comments

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