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Bozek v. Drongosky: RRIF Beneficiary Designations and Tax Liability

In Bozek v Drongosky, 2026 ONSC 4245 the Ontario Superior Court considered whether tax obligations imposed under the Deceased’s will in relation to her Registered Retirement Savings Plan (“RRSP”) continued to apply after the RRSP was converted into a Registered Retirement Income Fund (“RRIF”) and a new beneficiary designation was executed. The answer turned on the specific language of the will and the terms of the later RRIF designation, which….

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WHEN A WILL IS DRAFTED AFTER DEATH: LESSONS FROM HENRIKSEN ESTATE

What happens when a person dies before their will is signed, but their lawyer has already been given clear instructions about what that will was supposed to say? Can a court step in after death and give effect to the deceased’s wishes? The recent decision in Henriksen Estate (Re), 2026 BCSC 1058 raises this unusual question and offers an interesting point of comparison for Ontario practitioners.   A WILL THAT….

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Contested wills, Estate Planning, Uncategorized, Wills

Buying Property Abroad? Consider these Estate Planning Issues First

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

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

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

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
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