Wills

Total 460 Posts

To Validate or Not to Validate: That is the Question

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Today’s blog has been written by David C. Rosenbaum, Partner, at Fasken LLP Subsection 21.1(1) of the Succession Law Reform Act (SLRA) permits the Superior Court of Justice to validate a document or will that was not properly executed or made under the Act, if the deceased died after January 1, 2022, and the Court is satisfied that the document or will “sets out the testamentary intentions of a deceased”…..

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Estate Administration, Estate Litigation, Estate Planning, Succession Planning, Wills

Navigating Bequests of Real Estate Under Your Will: Language Matters

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  Are you planning to leave real estate to a loved one under your Will? Do you want that property to be transferred free of debt or other claims? If you’re making a specific gift of your interest in freehold or leasehold property that is subject to a mortgage, as defined in Ontario’s Succession Law Reform Act (RSO 1990, c S.26) (“SLRA”), at the date of your death (the “Property”),….

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Estate Planning, Property, Real Estate, Succession Planning, Wills

Trusteeship Part 2: Avoiding Pitfalls—Best Practices for Estate Trustees

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Today’s blog has been written by Latoya Brown, Associate, at Fasken LLP In Part 1 of this series, we explored the importance of selecting the right trustee, using Jones v. Jones[1] to highlight what can go wrong when a trustee lacks a clear understanding of their fiduciary obligations. In this follow-up, we turn to what happens after the appointment—how trustees can fulfill their duties effectively and avoid the kind of….

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Estate Litigation, Estate Planning, Property, Trustee, Undue influence, Wills

The Three Ds

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Scotiatrust

This blog post was written by: Mario Gravel, Estate and Trust Consultant, Scotiatrust Ottawa   Allow me to share a story of a client interaction with you. Dear client, do you know how important it is to have a proper legal Will?  Yes. Check. You also know about the peace of mind that having a proper Will provides? Absolutely. Check.  Well, looks like all the ground has been covered, right?  Well, not quite. First….

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Estate Planning, Funeral Planning, Wills

The Limits of Pour-Over Clauses in Ontario (And What to Do Instead)

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    Today’s blog was written by Karen La Caprara, Counsel, at Fasken LLP. Pour-over clauses in wills are a staple in U.S. estate planning, used to direct estate assets into an existing trust. But in Ontario and British Columbia, these clauses can lead to invalid testamentary gifts, intestacy, and costly litigation. What Is a Pour-Over Clause—and Why Is It Problematic? A pour-over clause is a provision in a will that….

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Estate Administration, Estate Planning, Succession Planning, Tax Issues, Trusts, United States, Wills

Legacy/Death Planning Through a Cultural Lens: Insights for South Asian Families

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Scotiatrust

This blog post was written by: Rafia Babar, Associate Estate and Trust Consultant, Scotiatrust Calgary   Legacy planning is not the same for every family. It is especially unique for South Asian families as it often intertwines with cultural norms, religious beliefs and deeply rooted family dynamics that differ from western culture. Understanding these cultural intricacies is essential for professionals that want to build trust and provide culturally competent services….

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Estate Planning, Wills
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