Wills

Total 466 Posts

A CAREER IN WILLS AND ESTATES – COULD IT BE FOR YOU?

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This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP As our fellow blog writer, Audrey Miller wrote earlier this week (here), new Census data indicates that the number of seniors over age 85 is expected to triple in the next 25 years. Could this be an opportunity? This week we welcomed summer law school students and co-op law clerk students into our firm. As I chat….

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Elder Care, Estate Administration, Estate Litigation, Estate Planning, Executors, Uncategorized, Wills

Walters v. Walters: Limits to “Absolute Discretion” and Judicial Intervention by: Yvonne Mazurak

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A recent Court of Appeal decision, Walters v Walters, 2022 ONCA 38, addresses a trustee’s requirement to give effect to a testator or settlor’s intentions when exercising discretion with respect to distributions from a discretionary trust. At issue was whether the trustees had improperly relied on extraneous or irrelevant factors when exercising such discretion. The decision, written by Justice Sarah Pepall for the Court, is a helpful read as it….

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Contested wills, Estate Litigation, Estate Planning, Executors, Family Conflict, Wills

Has a Contingent Beneficiary Asked for an Accounting?

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An estate trustee does not have an obligation to provide a contingent beneficiary with an accounting; nonetheless, some form of accounting is generally done at the request of a contingent beneficiary. If accounts are not provided, a contingent beneficiary may bring an application to compel an estate trustee to pass their accounts. This will be costly and may be what the contingent beneficiary is trying to avoid in requesting a….

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Estate Administration, Estate Litigation, Estate Planning, Executors, Passing Of Trustees’ and Executors’ Accounts, Wills

Taking the Extra Steps

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Verifying the capacity of a testator prior to him or her executing a will is essential, and the test for testamentary capacity is well known to drafting solicitors and estate litigators. In particular, Banks v. Goodfellow provides that a person executing a will: (1) shall understand the nature of the act and its effects; (2) shall understand the extent of the property of which he is disposing; (3) shall be….

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Contested wills, Estate Litigation, Testamentary Capacity, Wills

Codicils within Multiple Wills and the Complexity Between Them

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Today’s blog was written by Najib Painda, Wills & Estates Law Clerk at Fasken LLP   As you may know, the purpose of a Codicil is to effect minor changes within an existing Estate plan without the need to create a whole new Will. In today’s age of technology, where new documents can be produced with relative ease, Codicils are becoming less common. When a client is looking to make….

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Estate Planning, Wills

Affidavit Evidence – A Refresher

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Motions and applications rely on affidavit evidence – written statements sworn under oath. This is in contrast to actions, where evidence is provided by live witnesses who are examined or cross-examined in court (this is what you see on TV dramas). Relying on affidavit evidence translates into less time spent in court – since the judge reviews the affidavits prior to the hearing, court time is used by the lawyers….

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Credibility, Estate Administration and Probate Applications, Estate Litigation, Executors, Wills
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