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Adding New Parties to An Existing Litigation?

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Joinder In the world of estate law, litigation is often unavoidable. Sometimes, facts and players will emerge after the initial pleadings stage, i.e., after litigation has already begun. In that case, a notice of application or statement of claim must be amended to add further respondents who are not already part of the litigation. This addition of new parties is also called “joinder”. Joinder is addressed under Rule 26.01 and….

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Contested wills, Estate Litigation, Trustee Disputes, Uncategorized

Professional Advice is Key When Administering Estates with a Corporate Component Part 1: Loss Carryback Strategy

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This blog was written by: Craig Coulson, Senior Trust Officer Many professional estate administrators emphasize the emotional toll and time-consuming steps that are reduced or eliminated when a corporate executor is named in one’s will. Sometimes, beneficiaries may be unhappy with corporate executor fees, perhaps thinking if only they were appointed, they would save the estate the cost of administration. What is not frequently mentioned, is how the appointment of….

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Revisiting the importance of language when using multiple wills

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This blog contributed by Mohena Singh, Associate @ Fasken LLP A long-time practice of estate planners has been preparing multiple wills for clients to minimize the amount of estate administration tax an estate must pay. The general idea of a primary and secondary will is to exclude property that does not require probate from the primary will so that the total value of assets requiring probate is reduced. However, if….

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Credibility, Estate Planning, Executors, Property, Real Estate, Succession Planning, Uncategorized, Wills

The Overlooked Donor

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In November 2022, The Winnipeg Foundation, announced a $500 million estate donation from a 66-year-old businesswoman named Miriam Bergen.  Ms Bergen is an exceptional example of a common but overlooked donor: the older person without kids. Ms Bergen’s estate is larger and more complicated than most.  She owned a business that was donated (a holding company that owned an operating company with 27 rental apartments).  But her life situation is shared by an….

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ALL SHOOK UP – LISA MARIE PRESLEY’S AMENDMENT VS. VALIDLY EXECUTED TESTAMENTARY DOCUMENTS IN ONTARIO

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2023 has started off with many well-known celebrities passing away (David Crosby, Cindy Williams, Jeff Beck, and the beloved Mayor Hurricane Hazel McCallion). The most shocking death, in my opinion, has been Lisa Marie Presley (“Lisa Marie”), who died just days after attending the Golden Globe Awards. Shortly after the public memorial service was held for Lisa Marie at Graceland, news broke that the mother of the late Lisa Marie….

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Who is the Spouse?

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This Blog was written by: Gali Gelbart, Estate and Trust Consultant, Scotia Wealth Management  I recently was part of a cross-Canada presentation hosted by the Estate Planning Council of Canada on the role of spouses in estate matters. I was particularly struck by how different the provincial regimes are, highlighting the importance of getting estate planning advice from local specialists in your jurisdiction. Marital and family status has always been….

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