Wills

Total 466 Posts

Can a Power of Attorney for Property Change a Beneficiary Designation?

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Today’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….

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Estate Donations, Estate Planning, Power of Attorney, Succession Planning, Uncategorized, Wills

What If… Black Panther Made a Will? – Lessons in Ensuring Your Common-Law Spouse Inherits if You Die Without a Will

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Today’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….

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Estate Administration, Estate Litigation, Estate Planning, Executors, In the News, Wills

Eighteen (18) – Capacity to Make a Will, but will you?

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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,….

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Estate Administration, Estate Planning, Executors, Wills

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
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