Wills

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Life Interest or Licence to Use?

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A person’s house is often their most valuable assets – both monetarily and emotionally. As a result, testators tend to put a lot of thought into who, and how, they wish to leave their house. However, as is always the case, best laid plans often go awry. One example of this, explored in the 2022 Court of Appeal of Ontario decision Barsoski Estate v Wesley, is when it is unclear whether the will gifts someone with a life interest in the house or a licence to use the property…..

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Charitable Giving, Contested wills, Estate Administration, Estate Litigation, Estate Planning, Interest, Philanthropy/Charitable Giving, Property, Real Estate, Succession Planning, Wills

The Other COVID “Longhaul”? Estate Planning Sequelae of Irregular Document Execution

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This Blog was written by: Kristie Smith, Estate and Trust Consultant, Scotia Wealth Management  As we emerge from the Covid restriction era and a new normal comes into focus in our day-to-day lives, new symptoms and side effects of Covid are coming into view. In the estate planning realm, in particular, the effects of irregularly signed documents are upon us. As the initial lockdowns of March 2020 took over, practitioners….

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Estate Litigation, Estate Planning, Wills

Digital Assets: Spotlighting Client User Considerations (Part I)

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Today’s blog post was written in collaboration with Adele Ambrose – Student-at-Law at Fasken. It has become clear that the “wait and see” approach to digital assets and digital currency has now shifted to a need for prudent guidance and action by advisors and institutions. According to CoinMarketCap, the total market capitalization for all cryptocurrencies is just under 1 trillion and in 2021 it was at 2 trillion dollars. Though….

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Contracts, Estate Administration, Estate Planning, Property, Succession Planning, Uncategorized, Wills

Leaving testamentary gifts vs giving while living – By: Yvonne Mazurak

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As others have previously noted on this blog, over the coming years, we will be witnessing an unprecedent transfer of wealth from one generation to the next. While much will be transferring by way of inheritance, some who are in a position to, might wish to consider transferring assets to their families and others while they are still alive. When deciding whether to make lifetime gifts, the first factor to….

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Estate Administration, Estate Planning, Uncategorized, Wills

Estate Sleuthing

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As a law clerk working in the area of estate administration, we often have to act as “detectives”.  For example, we may have to conduct searches to determine whether or not the deceased had a Will.  We may need to track down the beneficiaries named in the Will or piece together a family tree and locate family members if the deceased died intestate.  We might have to search financial records….

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Estate Administration, Estate Planning, Executors, Wills

Human Rights Tribunals Continue To Disproportionately Require Probate

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As my colleague Joanna Lindenberg and I have blogged about the Human Rights Tribunal of Ontario has taken the position that it requires a certificate of appointment of estate trustee (i.e. probate) in order for an application before the HRTO to proceed. Now, in Boyd v. Steeves & Rozema Enterprises Ltd. cob Landmark Village, the HRTO has doubled-down on its position, claiming that it lacks the authority to proceed with….

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Estate Administration, Estate Administration and Probate Applications, Wills
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