Wills

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Avoiding an Accidental Intestacy: A Reminder for Drafting Lawyers

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I recently had the pleasure of leading a course for lawyers who want to learn how to draft Wills (or improve their existing skills). One of the topics that we discussed at some length was how best to draft a residue provision in a Will, where there are multiple residuary beneficiaries. I thought it may be helpful to summarize a key discussion point from our session here, as in my….

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Estate Administration, Estate Planning, Wills

Winner/Gagnant!!!!! Six Estate Planning Considerations For Lottery Winners

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  You’ve already beaten the odds — now make sure your fortune doesn’t roll the dice without you. Over the years, I’ve had the privilege of helping lottery winners turn sudden wealth into lasting legacies. Here are six key considerations to keep in mind from an estate planning perspective: Assemble a Strong Advisory Team Winning the lottery is thrilling — but it can also be overwhelming and cause immense anxiety…..

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Charitable Giving, Estate Planning, Succession Planning, Trusts, Wills

Mutual Wills: Pros & Cons

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Today’s blog was written by Douglas Buchmayer, partner with the Ottawa office of Gowling WLG (Canada) LLP When deriving an estate plan, it can sometimes be difficult to balance the needs of one’s spouse or partner against the wish to benefit (and protect) the next generation. While perhaps less relevant or compelling when a couple is young or share the same children, the concern becomes more poignant when such spouse….

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Estate Administration and Probate Applications, Probate Tax, Uncategorized, Wills

Paws and Plans: Securing your Pet’s Future

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP. In recent years, I have noticed an increase in the younger generations (specifically my millennial generation) opting to have pets instead of children. This shift can be seen as a result of many economic factors and has ultimately redefined the traditional definition of family. So if pets are effectively “taking the place of” children, shouldn’t they receive similar….

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Estate Planning, Trusts, Wills

Scheming With a Purpose

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This week’s blog has been written by Darren Lund In Ontario, as in most common law jurisdictions, charitable gifts are treated differently than other gifts in important ways. One of the clearest examples of this is that a gift for a charitable purpose will generally not fail for uncertainty. In addition, the court’s inherent “scheme-making power” may save a charitable gift where the charitable purpose cannot be carried out, or….

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Charitable Giving, Courts, Estate Donations, Estate Planning, Wills

Successful Will Challenge Yields Blended Cost Award

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The Applicant (the Deceased’s son) brought an application seeking to invalidate the Deceased’s 2023 Will, submit the Deceased’s 2022 Will for probate, and seek the return of the Deceased’s $95,000 gift to his nephew. The Deceased executed wills on March 16, 2022 and November 22, 2023. In his 2022 Will, the Applicant is named as the estate trustee, the Deceased gifts his home and its contents to the Applicant and names the….

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Estate Litigation, Wills
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