Total 253 Posts
Neil Armstrong’s first and second family have competing visions for his legacy and administration of his estate. ….
The Space Between First and Second Families Continue Reading »
Charitable Giving, Estate Administration, Estate Planning, Family Conflict, In the News, Philanthropy/Charitable Giving, Succession Planning, United States
Today’s blog is being brought to you by guest blogger, Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. Disney child star Cameron Boyce, who is best known for his role in movies such as “Grown Ups” and “Grown Ups 2” as well as his role in the Disney Channel movie, “Descendants” and the television show, “Jessie”, died suddenly and tragically on July 6, 2019…..
I’m Only 20, Why do I need a Will Continue Reading »
Estate Planning, Family Conflict, Wills
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….
Estate Planning and Family Law: The Matrimonial Home Part II Continue Reading »
Estate Planning, Family ConflictThis blog was written by Lara Besharat In August 2018, renowned singer Aretha Franklin died of pancreatic cancer in her home in Detroit, leaving behind an illustrious musical legacy, a strong history of civil rights activism, four children, and an estimated $80-million-dollar fortune. One thing she didn’t leave behind, however, was a will. Or so we thought. For months, it was believed that the Queen of Soul died intestate, going….
You Better Think (Think)…About the Estate Planning Process Continue Reading »
Contested wills, Estate Administration, Estate Litigation, Family Conflict, In the News, Wills
A “passing of accounts” refers to the process of formally preparing and presenting accounts to the beneficiaries and the court. The accounts are either approved (i.e., “passed”) in the form presented, amended by court order and passed in revised form, or not passed because the court is not satisfied with the accounts or some aspect of the administration of the estate or property being managed by a fiduciary. Pursuant to….
It Ain’t Over Til It’s Over* Continue Reading »
Capacity Law, Caregiving, Costs, Elder Care, Elder Law, Estate Litigation, Executors, Family Conflict, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Trustee, Trustee Disputes
Experts giving evidence in an Ontario court are obliged to sign an acknowledgement that they are independent, with their obligation being to the court and not to the party who retained them. Nonetheless, scepticism regarding objectiveness and discrepancies between expert opinions remains, as demonstrated in the reasons of Justice Mesbur in Plese v. Herjavec, 2018 ONSC 7749: [89] I have always been tempted to ask valuators whether their opinions would….
Some Thoughts on Explaining Differences in Expert Opinions Continue Reading »
Capacity Law, Elder Law, Family Conflict, Geriatric Care Management, Guardianship, Healthcare, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Testamentary Capacity