Total 457 Posts
Because the doctrine of suspicious circumstances was developed in respect of probate and wills, it cannot easily be exported into other areas of law, including contract law…..
Suspicious Circumstances – For Wills Only Continue Reading »
Capacity Law, Contested wills, Contracts, Estate Litigation, Estate Planning, Executors, Geriatric Care Management, Property, Real Estate, Testamentary Capacity, Trustee, Undue influence, Wills
Per stirpes. It is a term that is often used in estate planning and will drafting yet is also one which frequently causes problems. Perhaps because the meaning is not always understood, even by estates practitioners, and therefore the term is misused. Or it could be because the term can be interpreted differently when a testator’s intentions are taken into account. In the recent decision in Jonas v Jonas, 2022….
By Branch But Within Its Own Class: Interpreting Per Stirpes in a Will Continue Reading »
Estate Litigation, WillsToday’s blog is co-written by Jennifer Campbell and Sandra Arsenault, Senior Law Clerks in the Private Client Services Group at Fasken. At the beginning of November, we were fortunate enough to attend the Institute of Law Clerks of Ontario (ILCO) annual conference in Niagara-on-the-Lake. This conference brings together law clerks and paralegals working in various areas of law. It is a great opportunity to network with colleagues you have not….
ELDER ABUSE: A GROWING PROBLEM IN AN AGING POPULATION Continue Reading »
Capacity Law, Elder Care, Elder Law, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Family Conflict, Geriatric Care Management, In the News, Joint Tenancy, Power of Attorney, Undue influence, WillsToday’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. Powers of attorney can be an area of confusion for those clients looking to create or update their estate plans. Clients can be uncertain as to what kinds of duties and responsibilities someone appointed under a power of attorney may have. Similarly, some clients are unsure of how beneficiary designations impact their estate plan. Today, I would….
Can a Power of Attorney for Property Change a Beneficiary Designation? Continue Reading »
Estate Donations, Estate Planning, Power of Attorney, Succession Planning, Uncategorized, WillsToday’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Chadwick Boseman’s death came as a surprise to the world when he passed away in August 2020, at age 43 from colon cancer. Chadwick was best known for his role in Black Panther – the first superhero movie to ever be nominated for “Best Picture” among five other awards at the Oscars in 2019. Fans were shocked to….
This blog has been co-written by Sandra Arsenault, Law Clerk at Fasken LLP and Kassandra Douglas, Durham College Law Clerk Co-op Student at Fasken LLP At 18 years of age, you are allowed to vote in Canada, and chances are, you have had exposure to politics growing up. You likely have some knowledge of how to vote and what to base your vote on. But did you know, at 18,….
Eighteen (18) – Capacity to Make a Will, but will you? Continue Reading »
Estate Administration, Estate Planning, Executors, Wills