Wills

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Reviving a revoked will

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It is quite common for a will to begin with a statement that all previous wills and codicils are revoked. This is done to ensure that only the will being executed at that time remains the valid will of the testator, and any prior testamentary instruments no longer desired will not end up being inadvertently  relied upon by a future estate trustee. Less well-known is that a previously revoked will….

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Estate Litigation, Estate Planning, Succession Planning, Trustee, Wills

Estate Planning for The Likes of Taylor Swift: Considerations for Music Artists

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With summer concerts, tours, and music festivals in full swing, I thought I would share estate planning considerations unique to music artists (the performing artists and songwriters, unless specified otherwise, the “artist”). I will use Taylor Swift as an example because the Taylor Swift/Scooter Braun controversy is helpful to my discussion. The Controversy; Nuances Connected to Estate Planning for Music Artists Copyrights are an asset class that should be discussed….

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Contracts, Estate Planning, Wills

Tax Implications and Considerations involving the Death of a Shareholder of a Private Corporation

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Today’s blog was written by Pritika Deepak, Associate at Fasken LLP This is the last part of a three-part blog series which provides a broad overview of some of the tax implications to consider, with respect to certain assets held at death. Part I, which addresses RRSPs can be found here: https://allaboutestates.ca/what-happens-when-a-taxpayer-dies-with-a-registered-retirement-savings-plan/ and Part II, which addresses exempt Life Insurance Policies can be found here: https://allaboutestates.ca/tax-implications-for-exempt-life-insurance-policies/. Part III of this….

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Estate Administration, Estate Planning, Tax Issues, Uncategorized, Wills

Seeking disclosure of a lawyer’s file to prove substantial compliance

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White v. White, 2023 ONSC 3740 A recent case heard before Justice Myers of the Toronto Estates List provides an interesting discussion of orders for the production of a will-drafting solicitor’s file, and shows the limits on such orders being sought under Ontario’s move to ‘substantial compliance’, which occurred in January of 2022. In this case, the Applicant sought an order for the production of the file of the drafting….

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Contested wills, Estate Litigation, Executors, Wills

When Estates Law Meets Criminal Law: A Recent Case of a Fraudulent Will

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Estates law doesn’t typically make the news, so my attention is always piqued when I see a headline about a Will. A recent criminal case featuring a fraudulent Will made front-page news, and serves as a reminder of what a powerful document a Will is, the need to carefully plan and safeguard against fraudsters, and the risks inherent in estates law. Last month, Robert Konashewych, a Toronto police officer, and….

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Courts, Estate Administration, Executors, In the News, Wills

Ontario Courts determine what constitutes a valid will

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This blog has been written by Mohena Singh, Associate at Fasken LLP In Ontario, there have always been strict and specific guidelines as to what makes a will a testamentary document. The Succession Law Reform Act, R.S.O. 1990, c. S.26 (the “SLRA”) states that a will is valid only if it is in writing and it is signed by the testator and two witnesses, who do not benefit under the….

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Contested wills, Estate Planning, Wills
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