Wills

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Charitable Bequests in Wills

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This blog was written by Courtney Lanthier, Law Clerk at Fasken LLP.   We often hear in the news of beloved celebrities passing away after years of lucrative careers. It’s also common to speculate as to how their estate will be distributed. Many celebrities have either left, or plan to leave, the majority of their estate to various charities. Bob Barker, who passed away last month, has left his estate….

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Charitable Giving, Estate Donations, Estate Planning, In the News, Philanthropy/Charitable Giving, Wills

A Goodbye without Good Planning

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This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP Never again, your voice will we hear, When we pick up the phone, and your number we dial. Never again, will we kiss your soft cheek, Listen to your chuckle, or share a knowing smile. Your grandkids won’t feel your warm loving hugs, Or run through your beautiful garden full of flowers and bugs. You enjoyed a….

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Estate Administration, Estate Planning, Wills

Disclosure of Medical Records: Privacy Matters

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In Gilbert v. Girouard, 2023 ONSC 4445, a brother and sister brought a challenge to their father’s wills. The siblings alleged that their third sibling, who was named as estate trustee, exerted undue influence over their father. They also alleged that their father lacked testamentary capacity at the time of signing the wills. In order to gather the necessary evidence to support their claim, the siblings brought a motion to….

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Contested wills, Estate Litigation, Estate Planning, Executors, Family Conflict, Testamentary Capacity, Undue influence, Wills

Failure to plan can leave minor children in “Another World”: Considerations for the Anne Heche estate

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Today’s blog is written by Latoya Brown, Articling Student at Fasken LLP. The tragic death of soap opera actress of “Another World” Anne Heche, was an unexpected loss for her fans and family. She succumbed to her injuries on August 11, 2022, a week following a car accident that left her in critical condition. Heche died, leaving behind her two sons, 20 year old Homer Laffoon, 13 year old Atlas….

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Contested wills, Courts, Dependant Support, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Guardianship, Wills

PRACTICAL SUGGESTIONS FOR LAWYERS ACTING AS EXECUTORS

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Working in the estates administration area we are called upon to advise and guide clients on their duties, obligations and responsibilities in connection with their role as the executor for the estate.  What happens when your client is also a lawyer?  This blog is not meant to provide legal advice but rather, it is meant to provide some suggestions. Record Keeping Lawyers acting as executors have the same obligations that….

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Estate Administration, Estate Planning, Executors, Wills

Revisiting the “Rule of Convenience”

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Todays blog has been co-written with Murray Braithwaite, Partner, Fasken Martineau DuMoulin LLP, Toronto There has been case law in the past two years where the court has used its discretion to vary the rate of interest on legacies that have not been paid within the “executor’s year” from 5% to a lower rate of interest where the “rule of convenience” applies. Today’s blog will (i) provide a refresher on the….

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Estate Administration, Executors, Interest, Wills
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