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Real Estate in Estate Planning: Tax Consequences

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Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Many Canadians hold a large share of their wealth in personally-owned real estate and consider it to be a critical part of their wealth-building strategy. Donald Sutherland, the well known Canadian actor who passed away in June of this year, is purported to have had a multimillion dollar real estate portfolio at the time of his death. For….

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Estate Planning, Probate Tax, Property, Real Estate, Tax Issues, Uncategorized

Planning for Cottage Season

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP With the summer months now here, we enter into another cottage season – a time for family and friends to gather, make new memories and relax and unwind. For many, cottages hold significant sentimental value. They are a place to spend time with loved ones and to watch children, and even grandchildren, grow up. But before jumping into….

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Cottage, Estate Administration, Estate Planning, Property, Uncategorized

Resulting Trusts Strike Again!

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The recent case of Zapata v Zapata, 2024 ONSC 3677 (CanLII) provides a useful refresher on the doctrine of resulting trust. In Zapata, the applicant sought a declaration that she was entitled to the proceeds of sale of a house in Toronto. The house was previously owned by the applicant and her husband as joint tenants. The applicant wanted to sell the house but her husband refused. On the advice….

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Appealing a Consent Order

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When an Order is granted on consent in a proceeding, it is inherent that all of the parties have agreed to the Order, hence the obvious use of the word “consent”. Nevertheless, and however improbable it may seem, it is possible to appeal a Consent Order. The applicant in Behrisch v Behrisch, 2024 ABCA 101 did just that, as she contended that although she had originally consented to the Order,….

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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….

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

The substantial compliance rules in action

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Last summer I wrote a number of blog posts that touched on the then- new “substantial compliance” rules found at Section 21.1 of the Succession Law Reform Act that came into effect at the beginning of 2022. As a quick refresher, the crux of this provision is that the Court has the authority to validate wills and codicils that are invalid due to issues with their form or execution. In….

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