Succession Planning

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Who holds the burden of proof when undue influence is claimed?

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A man photographs seagulls.

In the estates context, undue influence is often alleged in order to challenge a will or an inter vivos transfer of property, often a family home or cottage. When a party in a legal dispute alleges that there was undue influence which party bears the burden of proving (or disproving) whether this is true? Will challenges Generally speaking, if a will meets the criteria for formal validity, it will be….

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Elder Care, Estate Litigation, Joint Tenancy, Power of Attorney, Succession Planning, Testamentary Capacity, Undue influence, Wills

When Parent and Child have a Joint Bank Account: Who Receives Funds upon Parent’s Death?

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This blog has been written by Lily MacLeod [Associate] at Fasken LLP It is common for an elderly parent to set up a joint bank account with their adult child. This enables the child to help manage the parent’s finances freely and efficiently (either as the parent’s attorney for property or more informally). Some families may assume that title to the account funds will pass to the adult child by….

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Elder Law, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Guardianship, Resulting Trust, Succession Planning, Trusts, Wills

Gamers are Letting off Some “Steam” After Learning that Purchased Games are Not Transferrable on Death

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Pictured: A screenshot of a discussion between a Steam user and a Steam Support representative that has taken the internet by storm. Usually, I get my trusts and estates-related news from legal blogs, LinkedIn or emails from colleagues. So, you can imagine my surprise when I stumbled upon a pretty big story in the world of trusts and estates as I was scrolling through the front page of Reddit. For….

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Contracts, Estate Administration, Estate Planning, In the News, Property, Succession Planning, Wills

Beneficiary of a U.S. Estate – Now What?

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What are the tax implications if you are a beneficiary of a U.S. estate? Rarely do we consider the implications of a Canadian resident inheriting from a U.S. estate. From a Canadian Tax Perspective The general rule is the Canadian beneficiary shall receive their inheritance tax-free since the U.S. estate is deemed to have acquired the assets at fair market value (i.e. cost-base step-up). Further, if the executor is a….

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Estate Planning, International, Succession Planning, Tax Issues, Trusts, United States

Breaking Up is Still Hard to Do?

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This blog has been written by Rahul Sharma, Partner, Fasken Martineau DuMoulin LLP, Toronto Nearly a year ago, I made a post on this blog entitled “Breaking Up is Hard to Do – Ceasing to be a Canadian Tax Resident may be Easier Said than Done” (Breaking Up is Hard to Do – Ceasing to be a Canadian Tax Resident may be Easier Said than Done – All About Estates). ….

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Canada Revenue Agency, Estate Planning, In the News, Investments, Succession Planning, Tax Issues

Recent Cases Applying Section 21.1 of the SLRA

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Having come into force on January 1, 2022, Section 21.1 is a relatively recent addition to the Succession Law Reform Act (“SLRA”). Section 21.1 is a validating provision, which allows the courts discretion to declare a will valid even if it does not meet the formalities of execution set out under section 4 of the same act. Those formalities are as follows: The will must be signed by the testator….

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Estate Administration and Probate Applications, Estate Planning, Succession Planning, Wills
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