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Removal of Estate Trustees and Costs Against them Personally

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Those in the estates bar know that it is a very high test to remove an estate trustee. Courts do not lightly interfere with a testator’s choice. However, where an estate trustee is in a conflict of interest and acts in a manner that puts the proper management of the trust property at risk, the test may be met. In Muscat v. Muscat Estate, 2025 ONCA 518 (CanLII) the Ontario….

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Newlands Revisited: Moving to the Appeal

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This blog has been written by Darren Lund, Partner at Fasken LLP In a previous blog, I wrote about the Ontario Superior Court of Justice decision in Lang-Newlands v Newlands, 2024 ONSC 6285. To briefly summarize, the Newlands case considered a number of issues, but the key issue of interest for estate planners is the court’s analysis of an “estate freeze” transaction that occurred during the parties’ marriage. Barbara and….

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Estate Planning, Family Conflict, Separation, Succession Planning, Trusts, Uncategorized

Artist Foundations

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In the U.S. there is a generation of contemporary artists who have never been richer and they are endowing – with art and money – some significant foundations. Cy Twombly Foundation, for example, reportedly has assets of over $1.5 billion. There is even a support initiative called the Artist-Endowed Foundation Initiative, which seeks “to strengthen the charitable impact” of these entities. In Canada, the tradition of the artist foundation is….

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Estate Planning, Philanthropy/Charitable Giving, Uncategorized

Powers of Attorney for Property – Part III: Drafting Considerations for specific provisions

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This blog has been written by Pritika Deepak, Associate at Fasken LLP. The final part of this three-part blog series discussing Powers of Attorney for Property (“POAs”) in Ontario, will focus on specific provisions and some considerations to keep in mind when drafting these documents. Specifically, it will provide a high-level overview of the use of multiple POAs, considerations for appointments, and conflict of interest provisions in POAs. Multiple POAs….

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Estate Planning, Power of Attorney, Succession Planning, Uncategorized

International Mediation in Estate Disputes

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*The following blog was written by Sharon D. Davis* Human relationships are marked by conflict. When family dynamics, money issues and the death of a loved one are thrown into the mix, that conflict often ends up in estate litigation. Mediation has become a mainstream way of dealing with estate disputes in Canada. Mediation is a private negotiation process facilitated by a neutral third party (the mediator). This process is….

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Mutual Wills: Pros & Cons

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Today’s blog was written by Douglas Buchmayer, partner with the Ottawa office of Gowling WLG (Canada) LLP When deriving an estate plan, it can sometimes be difficult to balance the needs of one’s spouse or partner against the wish to benefit (and protect) the next generation. While perhaps less relevant or compelling when a couple is young or share the same children, the concern becomes more poignant when such spouse….

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Estate Administration and Probate Applications, Probate Tax, Uncategorized, Wills
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