Wills

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What Happens if Something Happens to your Executor?

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Choosing who to name as the executor of your estate is an important decision to make when preparing your will (and a topic on which other All About Estates blogs have been written). But what happens if something happens to your executor, and they are unable or unwilling to act? Who will administer your estate? This blog will explore the scenario of an executor dying before the testator (the writer….

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Estate Administration, Estate Planning, Executors, Wills

Will The Vacant Home Tax Impact Use of the Principal Residence Exemption; Estate Planning Considerations

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  Overview The Ontario government has enabled municipalities to enact a tax on vacant residential units in their regions (Granted under Part IX.1 of the Municipal Act).[1] Each municipality has to pass a By-Law stating the tax rate and conditions of vacancy that, if met, make a property subject to the tax. The Council of the City of Toronto enacted their By-Law, deeming it to have come into force on….

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Estate Planning, Executors, In the News, Property, Real Estate, Tax Issues, Uncategorized, Wills

Suspicious Circumstances – For Wills Only

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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…..

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Capacity Law, Contested wills, Contracts, Estate Litigation, Estate Planning, Executors, Geriatric Care Management, Property, Real Estate, Testamentary Capacity, Trustee, Undue influence, Wills

By Branch But Within Its Own Class: Interpreting Per Stirpes in a Will

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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….

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Estate Litigation, Wills

ELDER ABUSE: A GROWING PROBLEM IN AN AGING POPULATION

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Today’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….

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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, Wills

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
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