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Gifts and (Broken) Promises

This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management  There have been articles written over the years by my colleagues around gifting. Gifting can be a good estate planning strategy for many reasons. However, several recent cases highlight the importance of properly documenting intentions when an individual makes a gift, promise or an agreement regarding their property, particularly in the context of their estate plan…..

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Channelling Your Inner J.K. Rowling in Drafting Trustee Resolutions

Today’s blog has been collaboratively written by Corina Weigl and Tamar Silverbrook. The fast paced, (often) time sensitive and adrenaline rushing nature of ‘estate freezes’[1] helps captivate us in the world of trust work.  What is, however, particularly appealing is the ability to be creative. The trust and estate documents involved in estate freezes, such as trust deeds, trustee resolutions and, if relevant, letters of wishes, allow the drafter to….

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Supreme Court of Canada Unseals Sherman Estate Probate Files

On June 11, 2021, the Supreme Court of Canada released its highly anticipated decision in Sherman Estate v. Donovan. Background The facts of the case have been widely publicized. Barry and Honey Sherman, a prominent couple, were found dead in their home in December 2017. Their deaths, treated as homicides, remain unsolved. The estate trustees of their estates sought sealing orders in respect of the probate applications. The sealing orders….

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When Our Parents Refuse Our Help

I speak with adult children daily who call because they are concerned that their parent is not doing well and they feel, needs help.  I have found that the refusal to accept help may fall into a number of different categories. Denial: Refuse to accept reality of the situation Responsibility: No one can do it as well- it is my job Ignorance: We are both fine Cost: Why should I….

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Sherman Estate v. Donovan: Balancing Sealing Orders with Open Courts

Today’s blog was written by Aniket Bhatt, law student at Fasken LLP Court proceedings are presumptively open to the public. As a result, matters in a probate file are no exception. For example, obtaining a certificate of appointment of an estate trustee in Ontario is a public court proceeding. However, sealing orders are available in civil litigation cases to protect parties from harm or safeguard sensitive information. In these situations,….

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Supreme Court of Canada Orders Unsealing of Sherman Probate Files

On June 11, 2021, the Supreme Court of Canada released its highly anticipated decision in Sherman Estate v. Donovan. Background The facts of the case have been widely publicized. Barry and Honey Sherman, a prominent couple, were found dead in their home in December 2017. Their deaths, treated as homicides, remain unsolved. The estate trustees of their estates sought sealing orders in respect of the probate applications. The sealing orders….

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