Wills

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The Next Succession? Lessons from a family estate gone wrong…

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Today’s blog was written by Karen La Caprara, Counsel, at Fasken Martineau DuMoulin LLP. This being my first All About Estates blog, I thought I would make it a personal one. So, as an introduction, I decided that I would share my family experience that contributed to my decision to practice in the area of wills and estates.[1] I won’t get into the nitty gritty of all that went down,….

The Next Succession? Lessons from a family estate gone wrong… Continue Reading »

Estate Administration, Estate Planning, Executors, Family Conflict, Trustee, Wills

When Parent and Child have a Joint Bank Account: Who Receives Funds upon Parent’s Death?

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This blog has been written by Lily MacLeod [Associate] at Fasken LLP It is common for an elderly parent to set up a joint bank account with their adult child. This enables the child to help manage the parent’s finances freely and efficiently (either as the parent’s attorney for property or more informally). Some families may assume that title to the account funds will pass to the adult child by….

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Elder Law, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Guardianship, Resulting Trust, Succession Planning, Trusts, Wills

When exercising discretion, what factors should a Trustee of a discretionary trust take into account?

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Maddi Thomas, Associate Gowling WLG (Canada) LLP Where a trust holds non-liquid assets that are to be distributed amongst multiple beneficiaries, how can the trustee ensure that their use of discretion was as fair, equitable, and diplomatic as possible? On a related note, when will a court interfere with a trustee’s discretion? Understanding the Scope of Discretion First and foremost, it is important that any trustee understands the scope of….

When exercising discretion, what factors should a Trustee of a discretionary trust take into account? Continue Reading »

Courts, Trustee, Trustee Disputes, Trusts, Uncategorized, Wills

Gamers are Letting off Some “Steam” After Learning that Purchased Games are Not Transferrable on Death

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Pictured: A screenshot of a discussion between a Steam user and a Steam Support representative that has taken the internet by storm. Usually, I get my trusts and estates-related news from legal blogs, LinkedIn or emails from colleagues. So, you can imagine my surprise when I stumbled upon a pretty big story in the world of trusts and estates as I was scrolling through the front page of Reddit. For….

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Contracts, Estate Administration, Estate Planning, In the News, Property, Succession Planning, Wills

Equalizing an Estate Where One of More Children are U.S. Persons and Planning Strategies Where There Are U.S. Beneficiaries; Part II

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  Happy Friday, everyone. As a reminder, this is Part II of a three-part blog series. Part I can be found at the following link: Equalizing an Estate Where One of More Children are U.S. Persons and Planning Strategies Where There Are U.S. Beneficiaries; Part I – All About Estates and Part III, to be posted August 30, 2024, will discuss estate planning in circumstances wherein there are U.S. beneficiaries…..

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Estate Planning, Tax Issues, Trusts, U.S. Citizen, United States, US Taxes, Wills

There’s a New Form for That – Form 74G Renunciation and Consent

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It seems as though the estate court forms and court rules are always changing. It is important to be aware of these changes when filing probate applications in Ontario. Today’s blog will explore the new Form 74G Renunciation and Consent, and provide some practical tips and considerations to help navigate this recently introduced form. Form 74G Renunciation and Consent As of April 1, 2024, new Form 74G Renunciation and Consent….

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