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Best Gets The Rest: Doctrine of Ademption Alive and Well

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In Canada estates and trusts law aims to give effect to a testator’s intentions. This principle is paramount and part of the rationale for the common law doctrine of ademption: if property which is gifted in a will no longer exists at the time of the testator’s death, the gift “adeems” or fails. In part, the doctrine assumes that a testator may have disposed of the property before his death….

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MY WILL – WHOSE BUSINESS IS IT ANYWAY?

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This Blog was written by Emily Racine, Estate and Trust Consultant with Scotia Wealth Management  There is no doubt that a will is a deeply personal and intensely private document. Your estate plan may not be something you wish to share with the public at large. However, are there certain people you should share your estate plan with while you are still alive? What are the potential pitfalls of keeping….

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Multiple wills – potential benefits for clients with assets in multiple jurisdictions

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This blog was written by Pius Omene, Estate and Trust Advisor at MD Private Trust Company which is part of Scotia Wealth Management The multiple wills strategy is a popular approach recommended by estate planning experts –especially in Ontario and British Columbia where it received judicial approval – and particularly for those who own private company shares. The strategy has been extensively explored in previous blog posts and one of these posts alluded….

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The Virtual Mediator: Fact or Fantasy?

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This post was written by Diana Leopardi   It’s March 15, 2050, Eric Smith dictates an email reply to an asynchronous based mediation regarding an estate settlement issue. He then voice activates his favorite Spotify playlist and prepares to video chat his sister who lives across the country. In a couple of hours, he will have to log onto the virtual courtroom, along with all of his siblings to review….

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Alcohol and Drug Use Alone Do Not Negate Testamentary Capacity

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In a previous post, I blogged about the case of McGrath v. Joy, where the Court held that a handwritten suicide note was invalid as the deceased lacked testamentary capacity when he wrote it due to drug and alcohol consumption. The application judge’s decision was recently overturned by Court of Appeal for Ontario. The Facts: Joseph Philip Joy (the “deceased”) committed suicide sometime in the early morning of July 13,….

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Goodbye My Furry Friend

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  This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP With more people working from home and less activities available for children, it is no surprise that there has been a COVID pet boom as many families have added a new member to their household during the last two years. These four-legged creatures have brightened our spirits, made these hard times less lonely, and enriched the….

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Estate Administration, Executors, Uncategorized
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