Trustee

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For the average person, the work of an estate trustee can be daunting. Depending on the complexity of the estate, it can be a full-time job unto itself, and it is not uncommon for an estate trustees to renounce their appointment. The case of Chieffallo v. Blair, 2025 ONSC 3411 dealt with an estate trustee who renounced their appointment, then sought to retract their renunciation. Yvone Chieffallo’s Last Will and….

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Estate Administration, Estate Administration and Probate Applications, Executors, Trustee

Spousal Trusts Without the Trust Issues: Picking the Right Trustee – A Primer and Reminder

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Brianna Fable-Watson, Articling Student, Gowling WLG (Canada) LLP When planning your estate, creating a spousal trust is an effective way to ensure that your spouse is financially supported while also protecting the inheritance for your children or other beneficiaries. In a typical spousal trust, your surviving spouse receives the income produced from your assets during their lifetime, while the capital is (potentially) preserved for the next generation after they pass…..

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Estate Administration, Estate Planning, Executors, Spouse, Trustee, Trustee Disputes

Cottage Trust Planning – Points for Consideration

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Fall officially arrives on Monday. School has started, the leaves are turning colour, and for many families, it’s time to think about closing the cottage for the year. As estate planners know, the cottage is not an ordinary asset. It’s a special place where memories are made and traditions are passed down, and as a result, planning for its succession can be challenging. Often, individuals will include a trust in….

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Cottage, Estate Planning, Property, Succession Planning, Trustee, Trusts, 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 Importance of Choosing the Right Trustee: Lessons from Jones v. Jones

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Today’s blog was written by Latoya Brown, Associate, at Fasken LLP When it comes to estate planning involving trusts, selecting the right trustee is one of the most crucial decisions. The recent case, Jones v. Jones, 2025 ONSC 695 serves as a poignant reminder of the complexities and potential pitfalls involved in trust administration. This case underscores the importance of choosing a trustee who is not only knowledgeable and capable….

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Estate Planning, Family Conflict, Trustee, Trustee Disputes, Trusts, Wills

Estate Information Return – The New Online Process

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I was intrigued by this group chat that one of my colleagues sent last Friday: “FYI – Just saw this – Beginning March 3, 2025, you can file your Estate Information Return online using the Ministry of Finance’s online services webpage at https://www.services.fin.gov.on.ca/OTP/Gentax/_/. Effective February 26, 2025, you will no longer be able to use the fillable PDF form to file an Estate Information Return online. …” We tested the….

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Estate Administration, Estate Administration and Probate Applications, Executors, Trustee
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