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

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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

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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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Row Row Row Your Boat!

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Today’s blog deals with the transfer of the ownership and license of pleasure crafts to a named beneficiary in a Will. Before I get into the process of transferring the ownership and license of a pleasure craft registered in the Canadian Register of Vessels (Please note: not all pleasure crafts are required to be registered.), it is important to understand what the term “pleasure craft” means and the process to….

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How the ‘Hotchpot Clause’ Lost its Groove: the marriage settlement trust and myth of women’s legal disabilities

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What is Hotchpot? In estates law, “hotchpot” is a legal term of art.[1] It is an umbrella term that covers a few related concepts (e.g., a hotchpot clause, common law presumptions of hotchpot, intestacy legislation on the same). In essence, the purpose of hotchpot is to prevent one beneficiary from receiving more his intended share. It does so by taking into account of all prior advances and testamentary gifts. For….

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Estate Planning, Interest, Uncategorized, Wills

Joint accounts – continued

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Several years ago, I wrote about probate planning involving the use of joint accounts. At the time, my father-in-law had just passed away and my mother-in-law, who survived him, was intent on paying the least amount of Estate Administration Tax (EAT). Jointly held property with a spouse or with one or more children, with a right of survivorship may not form part of the deceased’s estate and may be effective….

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Estate Administration and Probate Applications, Estate Planning, Executors, Family Conflict, Investments, Joint Tenancy, Probate Tax, Trustee, Trusts, Uncategorized, Wills

Multiple Wills – More than just business owners

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This blog was written by Justin Ecclestone, Estate and Trust Consultant with Scotia Wealth Management The Multiple Wills strategy in Ontario often comes to mind when providing estate planning advice to successful business owners with private company shares. When speaking with business owners the benefit of the strategy is quite clear – save probate fees. It is important not to overlook this strategy for those without a business as it….

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