Wills

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Estate Planning and the Indian Act: Considerations for Spouses Without Indian Status

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Maddi Thomas associate Gowling WLG (Canada) LLP Estate planning presents several unique considerations for Indigenous peoples to whom the Indian Act applies: i.e., First Nation peoples who possess Indian status (“status”) and who “ordinarily reside”[1] on reserve land.[2] To be clear, while the term “Indian” may not be appropriate to use in most circumstances, the phrase still possesses legal meaning under the Indian Act as an Indigenous person “with status” and thus in certain….

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Spouse, Succession Planning, Wills

Disclaim or Renounce? What’s the difference?

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This blog was written by Pritika Deepak, Associate at Fasken.  How often have you heard of people turning down gifts? It may happen on TV but does it happen in reality? Surprisingly, yes. Although uncommon, in an estates context, there may be situations where a beneficiary does not want their gift. There may, for example, be a situation where the gift has conditions which are too difficult to fulfil, or….

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Canada Revenue Agency, Tax Issues, Uncategorized, Wills

Dear Parents of Young Children, please don’t delay your will planning because you can’t choose a guardian for your minor children

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This blog has been written by Karen La Caprara, Counsel at Fasken LLP When I speak with parents of young children who don’t have wills in place, the most common reason I hear for their delinquency is not that they’re too busy, that it’s too expensive or that they don’t have significant assets. It’s that they can’t decide or agree on who would be the guardian[i] of their minor children….

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Estate Planning, Guardianship, Trustee, Wills

Who holds the burden of proof when undue influence is claimed?

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A man photographs seagulls.

In the estates context, undue influence is often alleged in order to challenge a will or an inter vivos transfer of property, often a family home or cottage. When a party in a legal dispute alleges that there was undue influence which party bears the burden of proving (or disproving) whether this is true? Will challenges Generally speaking, if a will meets the criteria for formal validity, it will be….

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Elder Care, Estate Litigation, Joint Tenancy, Power of Attorney, Succession Planning, Testamentary Capacity, Undue influence, Wills

The Buy-Sell Agreement At Death

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Estate and corporate advisors often suggest to shareholders to enter into a shareholders’ agreement. The shareholders’ agreement is essentially a contract where the shareholders plan in advance for certain contingencies or future events for which they are in agreement as to the outcome. Essentially, the shareholders’ agreement governs the shareholders’ relationship and the rules and procedures in case of a dispute or an event, notably, the transfer of shares on….

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Estate Administration, Estate Planning, Small Business, Tax Issues, Wills

YOU ARE HIRED…WAIT, DID I EVEN APPLY?

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This blog has been written by Sandra Arsenault, Law Clerk at Fasken Martineau DuMoulin LLP No, you likely did not. Most people don’t apply to become an executor of an estate. An executor is responsible for administering the estate of a deceased person from the date of death until all debts are paid and all assets of the estate are realized and distributed in accordance with the terms of the….

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Estate Administration, Estate Planning, Executors, Wills
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