Wills

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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

What Happens When a Shareholder (Voting) or a Director Becomes Incapable; Powers of Attorney for Property and Shareholder Agreement Drafting Tips

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This is Part II of my saga on addressing circumstances of incapacity, Part I can be found at: https://allaboutestates.ca/powers-of-attorney-for-property-implications-of-obtaining-a-formal-capacity-assessment/. Part II, being this blog post, addresses two situations that we, as estate planners, are commonly asked about: Director becomes incapable – who can sign for them? Shareholder (voting) becomes incapable – who can attend to governance regarding electing directors and officers and what can be considered at the shareholder agreement….

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Capacity Law, Estate Administration, Estate Planning, Power of Attorney, Wills

Testamentary Capacity and Expert Reports

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As many well know, issues relating to testamentary capacity are often at the forefront of estate litigation cases and in particular, will challenges. Drafting solicitors may opt to obtain a contemporaneous capacity assessment before their clients execute a last will and testament; this may be the case where the testator is older or has cognitive limitations, and/or when there are known family conflicts and an anticipated will challenge. In addition,….

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Capacity Law, Courts, Estate Litigation, Undue influence, Wills

Life changes…so why shouldn’t your Will?

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP I’ve had a few instances where clients have asked “is this really my LAST will, or will I be doing this all over again in five or ten years?” which, in fairness, is a great question. As estate practitioners, we know that the passage of time does not invalidate a Will, however if certain circumstances in your clients’….

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Estate Planning, Wills
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