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Total 671 Posts

What if… the Kardashian Deathbed Marriage Took Place under Ontario Law?

A Thought Experiment Recently, I had the opportunity to co-author a paper on deathbed retainers with Justin de Vries. In drafting this paper, I had the occasion to think about deathbed wills from every conceivable angle. The idea for this blog started as footnote 81: a hypothetical thought experiment on the legal interaction between a deathbed marriage and a deathbed will. Case law on deathbed retainers and wills stand at….

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Estate Planning, Family Conflict, Interest, Uncategorized

A CAREER IN WILLS AND ESTATES – COULD IT BE FOR YOU?

This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP As our fellow blog writer, Audrey Miller wrote earlier this week (here), new Census data indicates that the number of seniors over age 85 is expected to triple in the next 25 years. Could this be an opportunity? This week we welcomed summer law school students and co-op law clerk students into our firm. As I chat….

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Elder Care, Estate Administration, Estate Litigation, Estate Planning, Executors, Uncategorized, Wills

Estate Planning for Agricultural Producers

This blog was written by Maggie Dalke – Estate and Trust Consultant with Scotia Wealth Management There are a significant number of agricultural producers that require estate planning services.  According to a 2016 Statistics Canada report, there are 193,492 census farms in Canada.  Many agricultural producers are reaching retirement age with the average age of farm operators being 55 years and older.[1] A big consideration for many of these farms….

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Undue Influence Voids a Capable Testator’s Will

In Krivokapic v. Josephe Boss, the Quebec Court of Appeal affirmed the invalidity of a capable testator’s Will that was procured through undue influence. Facts The testator, Valentin Boss, was an accomplished professor and author during his career. The testator was married for 22 years, and had one daughter, Sylvia Katerine Josephe Boss (“Sylvia”). The testator was divorced in 1989. The testator began a relationship with Milica Krivokapic (“Milica”) in 1989,….

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Could Employee Ownership Trusts Soon Offer a Real Solution in the Succession Planning Dialogue

It is no secret that there is a generational shift coming, both in wealth and the family businesses that often make up that wealth.  I could cite many articles to support this statement.  Leaving this fact aside, it is also no secret that no one has yet discovered the fountain of youth and cryogenics is not yet far enough along to provide a certainty of outcome.  The upshot is that….

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Transparency v Anonymity

The calls for greater transparency by charities in Canada is growing. Budget 2022 had a few promises of more reporting requirements for registered charities related to donor advised funds and disbursement quota, although the exact measures are still unclear. What does this mean for the charitable tradition of anonymous giving? Anonymity The great Spanish Jewish medieval philosopher Maimonides famously said that the highest form of charity is anonymous. It’s about….

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Philanthropy/Charitable Giving, Uncategorized
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