Wills

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Recent Cases Applying Section 21.1 of the SLRA

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Having come into force on January 1, 2022, Section 21.1 is a relatively recent addition to the Succession Law Reform Act (“SLRA”). Section 21.1 is a validating provision, which allows the courts discretion to declare a will valid even if it does not meet the formalities of execution set out under section 4 of the same act. Those formalities are as follows: The will must be signed by the testator….

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

‘TILL DEATH DO US PART

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Today, over half of Canadians own a pet. However, a recent survey shows only 7% of pet owners have made formal arrangements for them. If there is no provision in your estate plans, your beloved pet might not be taken care of in the manner to which they’ve become accustomed…..

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Estate Administration, Estate Planning, Family Conflict, In the News, Interest, Succession Planning, Wills

New Arrival, New Will

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Earlier this week, our group gathered to celebrate our colleague’s impending arrival of a new baby. It was a delightful occasion, with cake, presents, and well-wishes. Of course, conversation naturally turned to the preparations that our team member has made for her new addition. Parents-to-be typically spend a lot of time (and money) preparing for the arrival of a child.  They furnish a nursery, fill the freezer with casseroles, test-drive….

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Estate Planning, Guardianship, Trustee, Trusts, Wills

Cultivating More Than Just a Green Thumb: The Hermès Gardener’s Extraordinary Fortune?

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Today’s Blog was written by Jessica Butler, Law Clerk at Fasken LLP. Nicolas Puech (“Nicolas”), the 80 year old fifth-generation descendant of Thierry Hermès, founder of renowned fashion house, Hermès, made headlines in December when he announced that he plans to bequeath at least half of his fortune to his unnamed (but apparently incredibly talented) former gardener. The value of the Hermès brand is estimated to be €211 billion (approximately….

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Estate Planning, In the News, Wills

The Cost of a Will

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This post was written by Alicia Mossington, Estate and Trust Consultant with Scotiatrust. Specialists in estate planning recognize the value and importance of having a well-prepared estate plan. Many of my fellow authors have articulated the importance of a comprehensive will and estate plan. Those involved in estate administration have experienced the pitfalls of poor or non-existent planning.   Despite the many examples of estate’s gone awry – it can….

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Costs, Estate Administration, Estate Planning, Wills

Examination of non-parties

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Production of documentary evidence and examinations are key parts of the litigation process as a matter proceeds towards trial. In some cases, an applicant may wish to examine non-parties, in addition to the opposing litigants. In an estates context, these can include family members of the deceased, accountants or solicitors that helped the deceased manage his or her financial affairs or draft a will, or business partners of the deceased…..

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Estate Litigation, Executors, Family Conflict, Wills
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