Wills

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Scheming With a Purpose

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This week’s blog has been written by Darren Lund In Ontario, as in most common law jurisdictions, charitable gifts are treated differently than other gifts in important ways. One of the clearest examples of this is that a gift for a charitable purpose will generally not fail for uncertainty. In addition, the court’s inherent “scheme-making power” may save a charitable gift where the charitable purpose cannot be carried out, or….

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Charitable Giving, Courts, Estate Donations, Estate Planning, Wills

Successful Will Challenge Yields Blended Cost Award

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The Applicant (the Deceased’s son) brought an application seeking to invalidate the Deceased’s 2023 Will, submit the Deceased’s 2022 Will for probate, and seek the return of the Deceased’s $95,000 gift to his nephew. The Deceased executed wills on March 16, 2022 and November 22, 2023. In his 2022 Will, the Applicant is named as the estate trustee, the Deceased gifts his home and its contents to the Applicant and names the….

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Estate Litigation, Wills

The Importance of Choosing the Right Trustee: Lessons from Jones v. Jones

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Today’s blog was written by Latoya Brown, Associate, at Fasken LLP When it comes to estate planning involving trusts, selecting the right trustee is one of the most crucial decisions. The recent case, Jones v. Jones, 2025 ONSC 695 serves as a poignant reminder of the complexities and potential pitfalls involved in trust administration. This case underscores the importance of choosing a trustee who is not only knowledgeable and capable….

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Estate Planning, Family Conflict, Trustee, Trustee Disputes, Trusts, Wills

Modern Families: Children and Issue in Jay Pritchett’s Will

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  Today’s blog was written by Karen La Caprara, Counsel, at Fasken LLP. In my last blog post “Modern Families: References to Children and Issue in Wills – All About Estates”, I discussed the meaning of “children” and “issue” for the purpose of determining the beneficiaries of an estate where a Will refers to such classes of beneficiaries. I applied the applicable Ontario legislation to some of the characters from….

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Estate Administration, Estate Planning, Family Conflict, Wills

Modern Families: References to Children and Issue in Wills

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  Today’s blog was written by Karen La Caprara, Counsel, at Fasken LLP. Like many modern families, the fictional Pritchett family in the series “Modern Family” has a variety of personalities, family dynamics and relationships, traditional and modern viewpoints. The many possible iterations and permutations of what makes a family is a beautiful thing. But, it can also create complexity when it comes to defining who is and who is….

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Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Wills

A Closer Look at Simultaneous Deaths

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Recently, the world learned of the passing of actor Gene Hackman and his wife, Betsy Arakawa in what appeared to very strange circumstances. Initially, there were concerns that their deaths may have been as a result of carbon monoxide poisoning. Autopsy reports have later revealed that this is not the case. Almost immediately, the media started talking about their Estates, with initial reports suggesting that Gene’s Will did not name….

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Estate Administration, Estate Planning, In the News, Uncategorized, Wills
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