Trusts

Total 218 Posts

Paws and Plans: Securing your Pet’s Future

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP. In recent years, I have noticed an increase in the younger generations (specifically my millennial generation) opting to have pets instead of children. This shift can be seen as a result of many economic factors and has ultimately redefined the traditional definition of family. So if pets are effectively “taking the place of” children, shouldn’t they receive similar….

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Estate Planning, Trusts, Wills

The Importance of Choosing the Right Trustee: Lessons from Jones v. Jones

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Today’s blog was written by Latoya Brown, Associate, at Fasken LLP When it comes to estate planning involving trusts, selecting the right trustee is one of the most crucial decisions. The recent case, Jones v. Jones, 2025 ONSC 695 serves as a poignant reminder of the complexities and potential pitfalls involved in trust administration. This case underscores the importance of choosing a trustee who is not only knowledgeable and capable….

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Estate Planning, Family Conflict, Trustee, Trustee Disputes, Trusts, Wills

The New 2024 Alternative Minimum Tax and Trusts – The intended target or unintended victim?

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This blog post was written by Melissa Plunkett, Director, Scotiatrust Over my almost twenty-five-year career in the trust industry, I have seen a lot of clients who have settled trusts for protection – protection of assets and protection of the beneficiary.  Over the course of this past year, with all the Alternative minimum tax (AMT) changes, proposed changes, proposed changes that did not go through, and more changes, I’ve waited….

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Tax Issues, Trusts

Donor Advised Funds are not Trusts

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A common misconception about donor advised funds is that they are trusts, charitable purpose trusts.  At times, lawyers, especially those with expertise in trusts and estates, struggle with this distinction, as do donors.  In 2023, this issue came to the forefront when Canadian charities briefly thought they might need to report on certain funds under trust reporting rules.  Although donor advised funds have trust-like features, most are not trusts. This….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Trusts

Turbulent Times and Estate Planning

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This blog has been written by Rahul Sharma, Partner, at Fasken Martineau DuMoulin LLP, Toronto The world is changing very fast and conversations that I am having with people today include generous helpings of “T” words other than “tax” and “trust.”  I could try to keep count of how many times I hear the word “tariff”, but the score is obviously high.  So much so, in fact, that even my elementary….

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Estate Planning, Tax Issues, Trusts, valuation

NEWLANDS: A NEW INTERPRETATION OF ESTATE FREEZES IN THE FAMILY COURTS?

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This blog has been written by Darren Lund, Partner at Fasken LLP In Lang-Newlands v. Newlands, 2024 ONSC 6285, the Ontario Superior Court of Justice revisited the treatment of a discretionary family trust in the context of the equalization of net family property under the Ontario Family Law Act. Barbara Lang-Newlands (“Barb”) and Ian Newlands (“Ian”) were married on August 21, 1987 and separated on July 31, 2019. There were….

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Estate Planning, Family Conflict, Separation, Succession Planning, Trusts
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