Darren Lund

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Darren Lund is a member of the Trust, Wills, Estates and Charities at Fasken, Toronto office. Darren has expertise in a broad range of estate planning matters, including multiple wills, inter vivos trusts, disability planning, estate freezing, and planning for beneficiaries and assets outside Canada. Darren advises trustees and beneficiaries on all aspects of estate administration, both contentious and non-contentious, and his experience includes passing of fiduciary accounts, trust variations, post-mortem tax planning, and administering the Canadian estates of non-residents. He also speaks and writes on a variety of related topics such as estate planning for spouses and couples, inheriting overseas property and estate planning for persons with disabilities. He previously practised estates law at a large national law firm. Email: dlund@fasken.com

Estate Planning and Family Law: The Matrimonial Home Part II

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In a prior blog, I began a discussion of the use of marriage contracts as part of an integrated estate plan to preserve and protect family wealth. In particular, that blog began a discussion of the legal regime that governs a “matrimonial home” under the Ontario Family Law Act (“FLA”), and how a matrimonial home is treated differently than other property in important respects.[1] This blog continues that discussion. The….

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Estate Planning, Family Conflict

Electronic Beneficiary Designations for Insurance Products

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In 2018, the Ontario government introduced amendments to the Pension Benefits Act to permit pension plan administrators to accept electronic beneficiary designations. Specifically, the Pension Benefits Act was amended to include the following provision (among others): Electronic designation of beneficiaries 30.1.1  (1)  Despite anything to the contrary in the Succession Law Reform Act, an administrator may permit members, former members and retired members to designate beneficiaries electronically for the purposes….

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Mind the Gap! And Put On Your Parens Patriae

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Ontario’s “new” parentage rules, contained primarily in the Children’s Law Reform Act (“CLRA”) and implemented through the All Families Are Equal Act, have been in force for more than two years, having become effective on January 1, 2017. There have now been several reported decisions that interpret and apply the rules. The decision of L. Madsen J. in M.L. v. J.C., 2017 ONSC 7179 is an important decision in that….

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A Cautionary Crypto-Tale

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My fellow blogger Maureen Berry and colleague Demetre Vasilounis, Student-at-Law, recently blogged about a form of digital assets that has received limited treatment in Canadian estate law commentary, namely digital assets that continue to generate revenue after the death of the owner, such as the YouTube and Twitch “Partner” programs. To the above we can now add a further consideration to the world of estate planning for digital assets, that….

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Coming to an Estates Court Near You?

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When one year ends and a new one begins, it is common to look ahead and make predictions about what may be in store in the coming year. In that vein, the decision of Del Frate J. in S.H. v D.H., ONSC 4506, caught my eye. Although the decision is a family law case, it is likely only a matter of time before we see similar cases in the estates….

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Changes Are Coming to the Ontario Disability Support Program

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In July, the Ontario Minister of Children, Community and Social Services (“Minister”) announced that the provincial government was set to spend 100 days developing a plan “to reform social assistance so it helps more people break the cycle of poverty, re-enter the workforce and get back on track.” [1] At that time, the Ontario government also announced it was rolling back changes to ODSP that had been introduced by the….

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