Wills

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Burials in Rural Ontario – Make Sure You Plan for Interment Rights

A view over an old stone fence into a cemetary, framed by an abundance of trees in full leaf.

As planners working with elderly clients and their families, we encourage people to plan their lives until the end of life and document their wishes for the care of their body after death. People often express their wish to return to a rural community for burial. However, since the COVID pandemic, it is surprising how much has changed in small-town cemeteries across Ontario. Be sure to also plan for interment….

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Elder Management, Executors, Funeral Planning, Wills

Should AI Draft Your Will?

Today’s Blog was written by Courtney Lanthier, Law Clerk at Fasken LLP Can it? Probably. Should it? Probably not. While the use of Artificial Intelligence (“AI”) seems to be a rising trend these days, it’s important to note that even though it has certain capabilities, that doesn’t mean it should be used for everything. Specifically, drafting Wills – at least not yet. It may seem like a quick solution to….

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Estate Planning, In the News, Wills

Ontario Residents with Quebec assets

Today’s blog was written by Douglas Buchmayer, partner with the Ottawa office of Gowling WLG (Canada) LLP A common issue facing estate planning practitioners in Eastern Ontario is the Ontario resident client owning Quebec assets, often the family cottage, which need to be dealt with in a Will. Where a couple (or either of them) owns assets in Quebec it generally makes sense to have distinct Quebec Wills dealing with….

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

Administering an Estate: A Marathon of Responsibilities

We had a Zoom call with our adult children a few weekends ago. We talked about our son’s engagement, as our daughter hadn’t yet heard the details of how he had proposed. We also talked about our daughter’s recent 5K run at the Toronto Zoo and how it compared to the half marathon that our son had run a few years ago. This family discussion and a recent work discussion….

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Courts, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Executors, Probate Tax, Tax Issues, Wills

Will Challenges and Limitation Periods: Court of Appeal Weighs In

The question of whether will challenges fall under the standard two-year limitation period has long been a topic of consideration in lower courts[1]. Does the limitation clock start ticking at the date of death, upon discovering the existence of another will, or when there is knowledge of both the existence and content of another will? The Court of Appeal has finally spoken on the issue … well, sort of…..

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Appeals, Contested wills, Estate Litigation, Executors, Family Conflict, Limitation periods, Wills

Summary Judgment in Estate Litigation, and the Role of a Financial Advisor as a Witness

It is widely known by estate litigation lawyers that the courts are clogged with disputes, often leading to lengthy delays in the obtaining hearing or trial dates.  Summary judgment is one way that the courts can decide cases efficiently.  To achieve a just result, a lengthy trial with oral testimony is not required in every case, and where a trial can be avoided, court resources can be allocated elsewhere.   A….

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Estate Litigation, Undue influence, Wills
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