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Buying Property Abroad? Consider these Estate Planning Issues First

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This blog has been written by Pritika Deepak, Associate at Fasken LLP Many Canadians dream of owning property abroad and many already do. Whether it is a winter retreat in Florida, a villa in France, or a retirement home in Costa Rica, purchasing foreign real estate can be an exciting milestone. However, foreign property often introduces estate planning considerations that are overlooked until it is too late. Before completing the….

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Estate Administration, Estate Administration and Probate Applications, Estate Planning, International, Power of Attorney, Probate Tax, Property, Real Estate, Succession Planning, Tax Issues, Testamentary Capacity, Uncategorized, Wills

The Importance of Contemporaneous Evidence: Perriam v. Pereira

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When capacity is challenged the challenger must rebut the presumption of capacity with evidence. The evidence must support a finding that, on a balance of probabilities, the person was incapable when the decision was made or the task performed. In Perriam v. Pereira, 2026 ONSC 3180 (“Perriam”), the questions before the court were whether the grantor was capable when he executed a power of attorney for property (the “POA”), and….

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Excluded Property, Estate Freezes and Family Law: What Estate Planners Need to Know After Lang-Newlands v. Newlands

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Estate planners have long viewed trusts and estate freezes as valuable tools for succession planning, tax efficiency, and family wealth preservation. However, the Ontario Court of Appeal’s recent decision in Lang-Newlands v. Newlands, 2026 ONCA 530, serves as an important reminder that family law considerations can significantly affect the intended outcomes of an estate plan. For trusts and estates practitioners, the decision highlights the limits of relying on the Family….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Family Conflict, Spouse, Succession Planning, Trusts, Uncategorized, Wills

Social and Personal Giving

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There is a charity fundraising truism that says “you don’t get money unless you ask for it”. But estate planning professionals know that’s not true. Thirty years ago, I was working in gift planning at a major Toronto hospital foundation.  My professional education consistently reinforced the above truism, but my experience didn’t align with what I was taught.  My job focused on exceptional donations from wealth and estate donations. To….

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Estate Planning, Philanthropy/Charitable Giving, Uncategorized

Relationships Matter: Revisiting Buffa v. Giacomelli

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My colleagues, Diane Vieira and Karen Watters, Partners at de VRIES LITIGATION LLP, both wrote blogs on Buffa v. Giacomelli, 2025 ONSC 4024. Diane’s blog can be found here, and Karen’s blog can be found here. This matter was recently heard in the Court of Appeal in Buffa v. Giacomelli, 2026 ONCA 566. Background Alexander Buffa (“Alexander”) and Laura Giacomelli (“Laura”) were the children of Giuliana Buffa (“Giuliana” and the….

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Court Approval of Settlements Impacting Persons Under Disability

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Minors and incapable persons are protected in a variety of ways in Ontario’s court system. One form of protection comes through Rule 7.08 of Ontario’s Rules of Civil Procedure (the “Rules”). In particular, Rule 7.08(1) provides: “No settlement of a claim made by or against a person under disability, whether or not a proceeding has been commenced in respect of the claim, is binding on the person without the approval….

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