Wills

Total 460 Posts

I Would Like Exculpatory Clauses and a Side of…

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Exculpatory clauses or indemnity clauses in wills and trusts are common forms of protection provided to the trustees by testators and settlors. When a trustee is appointed under a testamentary or inter vivos trust document to administer and manage an estate or a trust, some consider it to be an honour and a privilege.  Unfortunately, the reality of the office of the trustee is often fraught with inexperience, lack of….

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Estate Litigation, Estate Planning, Executors, Wills

The Ultimate Paper Anniversary Gift: Why a Will Is an Act of Love

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Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. This past Tuesday, October 15th, marked a significant milestone for me an my husband – one whole year of marital bliss! With the traditional first-anniversary gift being paper, I found myself thinking about a particularly profound paper: a Will. It’s a testament to caring, a document that conveys love through its protective intent – the ultimate love letter,….

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Dependant Support, Estate Planning, Spouse, Succession Planning, Wills

Ghosts, Goblins and…Wills? It’s time for Spooky Season (aka Estate Planning Season)

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP. With the colder months approaching, it’s the time of year when people start considering (or re-considering) their estate plan. But when it comes time to sit down and make a Will, people can often become overwhelmed by the complexity of the process. A lot goes into an estate plan that the average person may not consider at the….

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Estate Planning, Trusts, Wills

Of Books and Beneficiaries

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This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP. A Season of Beginnings, Endings, and Books As the leaves change and the weather cools, I imagine curling up in a cozy spot with a hot beverage and a new book. Autumn is when we salute the end of summer and greet a crisp new season. For some, this time marks a new year and a new….

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Estate Administration, Estate Administration and Probate Applications, Estate Planning, Executors, Wills

A Will of Its Own: Additional Wills for Unusual Assets

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Using “dual wills” as part of an estate plan is a well-established and frequently used strategy in Ontario and across Canada. This involves the execution of two wills. A Primary Will that deals with estate assets which cannot be distributed to a testator’s beneficiaries without a Certificate of Appointment of Estate Trustee (formerly “probate”), and a Secondary Will that deals with assets that can be distributed without the requirement of….

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Business Succession Planning, Estate Administration and Probate Applications, Estate Planning, Wills

Lam v Law Estate: Gender bias permits variation of discriminatory will

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Today’s blog post was written by Latoya Brown, an Associate at Fasken LLP. The discussion of discriminatory wills continues with a new case out of the British Columbia Supreme Court. In Lam v Law Estate, 2024 BCSC 156, the court varied a testatrix’s will on the reasoning that the testatrix’s bias did not meet contemporary standards of fairness. The testatrix was survived by her two independent adult children, her son….

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