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Some Things Are Not Forever!

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Today’s blog was written by guest blogger, Giancarlo Mignardi, Articling Student at Fasken LLP. The rule against remoteness of vesting, more frequently referred to as the rule against perpetuities, is often viewed as one of the most notoriously difficult legal rules to apply. Its application presents such a challenge that, in a 1961 case before the Supreme Court of California, it was ruled that it was not negligent for a….

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A Taxing Decision for Estate Planners

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This Blog was written by Mélina Konzak, Estate and Trust Consultant, Scotiatrust  Like most new case law delivered right before the holiday season, the decision rendered by the Superior Court judgment of The Estate of Caron v. Malenfant appeared at first to be swept under the rug. However being the controversial decision it has revealed itself to be, once published in Québec’s leading law journal (l’Express SOQUIJ) in early February, the….

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Contested wills, Estate Planning, In the News, Uncategorized, Wills

“It’s Not Fair”

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This blog was written by Isabelle Cadotte – Estate and Trust Consultant with Scotia Wealth Management If you have a child, you probably hear these words uttered ad nauseam. Whether it’s because little sis got to eat her grilled cheese sandwich with the crusts cut off or big bro gets to sleep over at his friend’s house overnight, the grass always seems greener on the other side of siblinghood. And,….

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Revocation of Wills

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In the recent case of Sokalski Estate (Re), 2019 ABQB 285, the deceased left two wills one in 2011 and the other 2017, without expressly revoking the earlier one. The estate applied to the Court for a determination regarding which document or documents form the deceased Mr. Sokalski’s last will. The applicant representatives of the Estate were the deceased’s sons.The respondents were the deceased’s daughters. The parties were unable to….

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Contested wills, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Investments, Uncategorized, Wills

Estates Law and Privacy Law: An Incomplete Intersection (Part I)

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Estates Law and Privacy Law: An Incomplete Intersection (Part I) This is the first entry in a three-part blog series about the current state of estates law vis-à-vis privacy law. Part I will focus on the relevant federal and provincial privacy legislation. Part II will examine significant court decisions relating to this area. Part III will look at solutions for lawyers to help their clients manage their estate planning to….

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Estate Administration, Estate Litigation, Estate Planning, Executors, Succession Planning, Uncategorized, Wills

The Unlikeliest of Events – A Helicopter Crash

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This blog was written by Justin Ecclestone, Associate Estate and Trust Consultant with Scotia Wealth Management As a member of the Estate Consulting Team at Scotia Wealth Management, I find myself speaking with clients about how to avoid and protect against the worst-case scenarios. Let’s look at a common scenario. A couple hold all assets jointly and plan to provide for children and grandchildren on the death of the second….

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