On the de VRIES LITIGATION LLP website, I previously blogged about orders for contempt and the nuances associated with seeking and obtaining this declaratory relief. This blog will take the discussion a step further and look at what penalties may be imposed upon a contemnor; in particular, the discussion will…
Today’s blog has been guest written by Musa Mansuar, Articling Student at Fasken LLP It’s a profound moment when a parent asks you to be the executor of their estate. For many, it’s a conversation that carries both honour and gravity. On one hand, being chosen signals immense trust and…
As many of our readers may know, estate trustees have a duty to account to the beneficiaries of an estate for the property they administer. Beneficiaries are entitled to be kept informed and can reasonably expect transparency and communication from the estate trustee in this regard. Oftentimes, an estate trustee…
One of the main duties of an executor is to distribute the assets of an estate according to the terms of the Will. Typically, it is easy to pay a cash legacy to a beneficiary or to deliver a specific bequest if the beneficiary lives nearby. But what happens if…
This blog has been written by Karen La Caprara, Counsel at Fasken LLP When I speak with parents of young children who don’t have wills in place, the most common reason I hear for their delinquency is not that they’re too busy, that it’s too expensive or that they don’t…
Andrew Coates, Associate, Gowling WLG (Canada) LLP Betty Laidlaw contributed an informative two-part series in 2023 regarding “What Happens If Something Happens to Your Executor?” In the second part, Betty explained the process for the alternate executor named in a Will making an application for a Certificate of Appointment of…
Today’s blog was written by Karen La Caprara, Counsel, at Fasken Martineau DuMoulin LLP. This being my first All About Estates blog, I thought I would make it a personal one. So, as an introduction, I decided that I would share my family experience that contributed to my decision to…
Maddi Thomas, Associate Gowling WLG (Canada) LLP Where a trust holds non-liquid assets that are to be distributed amongst multiple beneficiaries, how can the trustee ensure that their use of discretion was as fair, equitable, and diplomatic as possible? On a related note, when will a court interfere with a…
Last year, I wrote about the death of Lisa Marie Presley (“Lisa Marie”) and the resulting court battle between Riley Keough (“Riley”), Lisa Marie’s daughter and Priscilla Presley, Lisa Marie’s mother[1]. Thankfully, that matter was resolved relatively quickly with Priscilla resigning as a trustee of Lisa Marie’s irrevocable trust, The…
It seems as though the estate court forms and court rules are always changing. It is important to be aware of these changes when filing probate applications in Ontario. Today’s blog will explore the new Form 74G Renunciation and Consent, and provide some practical tips and considerations to help navigate…