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Does a Grantor have the Capacity to plan their Incapacity?

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This blog has been written by Mohena Singh, Associate at Fasken LLP As estate planners, one of the most important aspects of our job is to discuss incapacity planning with our clients. Mental incapacity has become a social, health and legal challenge that affects a surprising number of Canada’s senior citizens. According to Statistics Canada, by 2068 it is projected that over 20% of Canadians will be over the age….

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Capacity Law, Caregiving, Estate Planning, Uncategorized

ChatGPT, do my work for me

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What’s a professional way to say “You sound crazy and this is a horrible idea”? This is a question that was normally reserved for work BFFs. But artificial intelligence has come a long way and now gives out HR approved wisdom like: “While I appreciate your creativity and passion for this project, I have some concerns about the practicality and potential outcomes of this idea. Perhaps we could explore some….

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The Goose that Laid the Golden Egg

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This Blog was written by: Kristie Smith, Estate and Trust Consultant, Scotia Wealth Management  Last week marked the 104th anniversary of death of Saginaw, Michigan lumber baron – and, evidently, eccentric millionaire – Wellington Burt, but only the 12th anniversary of the settlement and distribution of his estate. His is a story of second families, family feuds, philanthropy, spite, legal challenges. His story is chronicled in some detail in various….

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Can Information from the Internet Be Used As Evidence in Court? 

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In J.N. v. C.G., 2023 ONCA 77, the Court of Appeal for Ontario considered whether information from the internet was admissible in Court and reliable as expert evidence. Facts:  The appellant father and respondent mother were married for almost seven years before separating. They had three children. The oldest child lived with the father while the younger two, ages 10 and 12, lived with the mother. The only issue the parties….

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Professional Advice is Key: Part 2 Pipeline Planning

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This blog was written by: Craig Coulson, Senior Trust Officer Many professional estate administrators emphasize the emotional toll and time-consuming steps that are reduced or eliminated when a corporate executor is named in one’s will. Sometimes, beneficiaries may be unhappy with corporate executor fees, perhaps thinking if only they were appointed, they would save the estate the cost of administration. What is not frequently mentioned is how the appointment of….

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Adding New Parties to An Existing Litigation?

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Joinder In the world of estate law, litigation is often unavoidable. Sometimes, facts and players will emerge after the initial pleadings stage, i.e., after litigation has already begun. In that case, a notice of application or statement of claim must be amended to add further respondents who are not already part of the litigation. This addition of new parties is also called “joinder”. Joinder is addressed under Rule 26.01 and….

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Contested wills, Estate Litigation, Trustee Disputes, Uncategorized
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