Wills

Total 466 Posts

What Happens to the Residue of an Estate when a Life Tenant Survives all other Beneficiaries?

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In a recent British Columbia case, the court was asked to interpret the residue clause of a will. The testator’s wife held a life interest in the Estate’s property and was a beneficiary of an ongoing testamentary trust. However, both her stepchildren (and presumed receipients of the residue of the Estate) predeceased her. Background  The testator died in 1979.  He was survived by his second wife (Marion), his adult son….

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Estate Litigation, Wills

Wedding Season is Here: The Impact of Marriage on Estate Planning

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As we turn the corner from winter to spring, we also enter into another important time of year: wedding season. With the start of this season, estate planners should remind themselves, and their clients, of a few of the critical intersections between family law and estate law that specifically impact married (as opposed to cohabiting) couples: As of January 2022, following the passage of the Accelerating Access to Justice Act,….

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Estate Planning, Property, Spouse, Wills

Considerations when Administering a Canadian Estate with US Situs Assets

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Today’s blog is written by Jessica J. Butler, Law Clerk at Fasken LLP. As today’s world continues to grow increasingly interconnected, more estate professionals find themselves dealing with a web of cross-border assets and jurisdictional issues.  This post considers certain issues that you might face when administering a Canadian estate with assets situated in the United States. Legal Authority You must first determine whether you will need legal authority to….

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Canadian and US Tax Treaty, Estate Administration, International, IRS, Probate Tax, Tax Issues, United States, US Taxes, Wills

Atypical Asset Administration (Part 1)

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This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP Picture this: you are an executor cleaning out your mother’s apartment. Under the bed you unexpectedly find five (5) handguns and a hand grenade. Do you (a) call the police, (b) secure the items somewhere safe until you can find someone who knows what to do with them, or (c) put them in a plastic shopping bag….

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Estate Administration, Estate Planning, Executors, Wills

Revisiting the importance of language when using multiple wills

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This blog contributed by Mohena Singh, Associate @ Fasken LLP A long-time practice of estate planners has been preparing multiple wills for clients to minimize the amount of estate administration tax an estate must pay. The general idea of a primary and secondary will is to exclude property that does not require probate from the primary will so that the total value of assets requiring probate is reduced. However, if….

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Credibility, Estate Planning, Executors, Property, Real Estate, Succession Planning, Uncategorized, Wills

When Will a Court Reconsider Its Decision?

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Judges cannot reconsider their decision – once an order is issued, the judge’s job (and jurisdiction to hear further arguments) is done. In very limited cases, a party may ask the court to reconsider after the decision is released but before a formal order is taken out. However, the test to meet is high…..

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Appeals, Capacity Law, Contested wills, Courts, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Family Conflict, Wills
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