Trustee

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From Estate to Heir: Who Foots the Bill for Shipping Expenses?

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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 you have to send large pieces of furniture, an expensive art collection, or a prized collector car to a beneficiary….

From Estate to Heir: Who Foots the Bill for Shipping Expenses? Continue Reading »

Estate Administration, Estate Planning, Executors, Trustee, Wills

Dear Parents of Young Children, please don’t delay your will planning because you can’t choose a guardian for your minor children

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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 have significant assets. It’s that they can’t decide or agree on who would be the guardian[i] of their minor children….

Dear Parents of Young Children, please don’t delay your will planning because you can’t choose a guardian for your minor children Continue Reading »

Estate Planning, Guardianship, Trustee, Wills

Removing and Replacing An Incapable Estate Trustee

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Cartoon of a big white brain behind an older adult walking with a cane to represent dementia.

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 Succeeding Estate Trustee with a Will under Rule 74.06 of the Rules of Civil Procedure in the circumstance where the….

Removing and Replacing An Incapable Estate Trustee Continue Reading »

Estate Administration, Estate Administration and Probate Applications, Executors, Trustee

The Next Succession? Lessons from a family estate gone wrong…

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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 practice in the area of wills and estates.[1] I won’t get into the nitty gritty of all that went down,….

The Next Succession? Lessons from a family estate gone wrong… Continue Reading »

Estate Administration, Estate Planning, Executors, Family Conflict, Trustee, Wills

When exercising discretion, what factors should a Trustee of a discretionary trust take into account?

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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 trustee’s discretion? Understanding the Scope of Discretion First and foremost, it is important that any trustee understands the scope of….

When exercising discretion, what factors should a Trustee of a discretionary trust take into account? Continue Reading »

Courts, Trustee, Trustee Disputes, Trusts, Uncategorized, Wills

Still Feeling Shook Up – Presley Family Back in the News

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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 Promenade Trust (the “Trust”) in exchange for (i) $1M lump sum payment, (ii) the right to be buried beside Elvis….

Still Feeling Shook Up – Presley Family Back in the News Continue Reading »

In the News, Trustee, Uncategorized
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