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LGBTQ2S+ Considerations in Estate Planning

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This Blog was written by: Hannah Zip, Estate and Trust Consultant, Scotia Wealth Management  Proper estate and incapacity planning is important for people from all walks of life, however there are some special considerations that should be kept in mind when discussing estate planning with members of the LGBTQ2S+. This is especially true given the diversity within the community and some key differences between the younger and older members (“older”….

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What if… the Kardashian Deathbed Marriage Took Place under Ontario Law?

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A Thought Experiment Recently, I had the opportunity to co-author a paper on deathbed retainers with Justin de Vries. In drafting this paper, I had the occasion to think about deathbed wills from every conceivable angle. The idea for this blog started as footnote 81: a hypothetical thought experiment on the legal interaction between a deathbed marriage and a deathbed will. Case law on deathbed retainers and wills stand at….

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Estate Planning, Family Conflict, Interest, Uncategorized

A CAREER IN WILLS AND ESTATES – COULD IT BE FOR YOU?

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This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP As our fellow blog writer, Audrey Miller wrote earlier this week (here), new Census data indicates that the number of seniors over age 85 is expected to triple in the next 25 years. Could this be an opportunity? This week we welcomed summer law school students and co-op law clerk students into our firm. As I chat….

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Elder Care, Estate Administration, Estate Litigation, Estate Planning, Executors, Uncategorized, Wills

Estate Planning for Agricultural Producers

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This blog was written by Maggie Dalke – Estate and Trust Consultant with Scotia Wealth Management There are a significant number of agricultural producers that require estate planning services.  According to a 2016 Statistics Canada report, there are 193,492 census farms in Canada.  Many agricultural producers are reaching retirement age with the average age of farm operators being 55 years and older.[1] A big consideration for many of these farms….

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Undue Influence Voids a Capable Testator’s Will

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In Krivokapic v. Josephe Boss, the Quebec Court of Appeal affirmed the invalidity of a capable testator’s Will that was procured through undue influence. Facts The testator, Valentin Boss, was an accomplished professor and author during his career. The testator was married for 22 years, and had one daughter, Sylvia Katerine Josephe Boss (“Sylvia”). The testator was divorced in 1989. The testator began a relationship with Milica Krivokapic (“Milica”) in 1989,….

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Could Employee Ownership Trusts Soon Offer a Real Solution in the Succession Planning Dialogue

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It is no secret that there is a generational shift coming, both in wealth and the family businesses that often make up that wealth.  I could cite many articles to support this statement.  Leaving this fact aside, it is also no secret that no one has yet discovered the fountain of youth and cryogenics is not yet far enough along to provide a certainty of outcome.  The upshot is that….

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