Estate Administration

Total 493 Posts

The Genetic Gift: Navigating the Legal Labyrinth of Genetic Material Donation in Canada

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In the ever-evolving landscape of Canadian law, the donation of genetic material presents a complex and multifaceted challenge both in the case of inter vivos donations and posthumous ones. The intersection of property rights, consent, and privacy in this context is not only legally intricate but also laden with ethical considerations.  After a friendly debate about this issue, I thought I would share some of my thoughts.  This post considers….

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Estate Administration, Estate Planning, Property

A Goodbye without Good Planning

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This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP Never again, your voice will we hear, When we pick up the phone, and your number we dial. Never again, will we kiss your soft cheek, Listen to your chuckle, or share a knowing smile. Your grandkids won’t feel your warm loving hugs, Or run through your beautiful garden full of flowers and bugs. You enjoyed a….

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Estate Administration, Estate Planning, Wills

Failure to plan can leave minor children in “Another World”: Considerations for the Anne Heche estate

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Today’s blog is written by Latoya Brown, Articling Student at Fasken LLP. The tragic death of soap opera actress of “Another World” Anne Heche, was an unexpected loss for her fans and family. She succumbed to her injuries on August 11, 2022, a week following a car accident that left her in critical condition. Heche died, leaving behind her two sons, 20 year old Homer Laffoon, 13 year old Atlas….

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Contested wills, Courts, Dependant Support, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Guardianship, Wills

PRACTICAL SUGGESTIONS FOR LAWYERS ACTING AS EXECUTORS

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Working in the estates administration area we are called upon to advise and guide clients on their duties, obligations and responsibilities in connection with their role as the executor for the estate.  What happens when your client is also a lawyer?  This blog is not meant to provide legal advice but rather, it is meant to provide some suggestions. Record Keeping Lawyers acting as executors have the same obligations that….

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Estate Administration, Estate Planning, Executors, Wills

Declaratory Relief – Not Always Available

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Declaratory Relief Defined It is well understood that a court can order a party to do something or order a party to refrain from doing something. Another power of the court is its ability to make declarations. The Court of Appeal for Ontario defined a declaratory judgment in Bryton Capital Corp. GP Ltd. v CIM Bayview Creek Inc., 2023 ONCA 363, as follows: “a formal statement by a court pronouncing….

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Appeals, Contracts, Courts, Estate Administration, Executors, Fiduciary Professions, Trustee

Revisiting the “Rule of Convenience”

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Todays blog has been co-written with Murray Braithwaite, Partner, Fasken Martineau DuMoulin LLP, Toronto There has been case law in the past two years where the court has used its discretion to vary the rate of interest on legacies that have not been paid within the “executor’s year” from 5% to a lower rate of interest where the “rule of convenience” applies. Today’s blog will (i) provide a refresher on the….

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Estate Administration, Executors, Interest, Wills
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