Total 477 Posts
Photo Credit: Universal Pictures This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP If you are the lucky (or more often unlucky) person appointed to administer an Estate, you may have more stress than usual this holiday season. I wrote this blog in hopes….
Executors: Holiday Elf or Grinch? Continue Reading »
Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Executors, Family Conflict, WillsLawPro recently released its report concerning Wills and estates malpractice claims as of the end of 2022. As we approach the busy year end, I thought it would be helpful to remind practitioners of the most common errors and some risk management tips in that regard. Interestingly (and perhaps somewhat surprisingly), most issues stem from things at occur before or at the initial client meeting. Things that contribute to problems….
Avoid Becoming Part of a Statistic Continue Reading »
Estate Planning, Liability, Uncategorized, Wills
As the holiday season approaches, our thoughts naturally turn to gift-giving, festive gatherings, and the joy of spending time with loved ones. Amidst the holiday cheer, it is important to recognize the profound gift of peace of mind that comes with a well-considered estate and trust plan. While estate planning may feel like a weighty or taboo subject, the holidays offer an opportune moment to broach the subject and….
The Gift of Peace of Mind: Estate Planning during the Holiday Season Continue Reading »
Uncategorized, Wills
In Fanelli v. Fanelli-Bruno, 2023 ONSC 6501, Justice Myers provided clear direction on the principle of proportionality in litigation, and the ways in which it can influence a decision on costs. The decision The estate of Ms. Lina Fanelli, the mother of the Applicant and Respondent, was the subject of the recent Fanelli decision, which was released earlier this month. Approximately one year before her death, Ms. Fanelli drafted….
Proportionality and costs awards Continue Reading »
Contested wills, Costs, Estate Litigation, Undue influence, WillsIn Ontario, Bill 245, a large omnibus Bill, the Accelerating Access to Justice Act 2021 (AAJA) received Royal assent on April 19, 2021. It made amendments to many Ontario statutes. Schedule 9 of this Act made significant changes to the Succession Law Reform Act, R. S.O. 1990, c.S. 26 (SLRA) which had been largely unchanged since it was enacted over 40 years ago. Many of these amendments bring Ontario in….
Modernizing Ontario Wills: a case update Continue Reading »
Courts, Wills
Today’s post was written by Diana Leopardi – Estate and Trust Consultant at Scotiatrust. What can be worse than having a Will that does not reflect your wealth transfer wishes…that is, not having a Will at all! Suppose you have a Will in place, it is prudent to ensure that your Will properly reflects your wealth transfer wishes. As a best practise we encourage our clients to review their Wills….
Does your Will reflect your wealth transfer wishes? Continue Reading »
Estate Planning, Separation, Wills