News & Analysis as of September 19, 2024

Estate Planning › Canada

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Estate Planning is a process where individuals prepare or plan for the settlement of their personal affairs in the event of incapacitation or death. Estate plans typically include provisions relating to the disposition of assets, guardianship of minor children, and appointment of representatives to make medical and financial decisions. Effective estate planning can decrease tax liability and facilitate the probate process. less -

Alberta Law Reform Commission on Obligations to Step-Children

Bennett Jones LLP on 3/11/2022

The Alberta Law Reform Institute (ALRI) issued its final report in January 2022, entitled "Family Maintenance & Support from the Estate of a Person Who Stood in the Place of Parent." The Report recommends that Alberta...more

[Webinar] 2021 Trust & Estate Controversy Forum - September 23rd, 9:30 am - 1:30 pm PDT

McDermott Will & Emery on 9/9/2021

Join us for an interactive webinar focusing on multifaceted issues impacting fiduciaries and beneficiaries in the administration of trusts and estates. We’ll highlight how to effectively manage controversies when they...more

Update on Virtual Execution of Estate Planning Documents in Alberta

Bennett Jones LLP on 12/2/2020

On May 15, 2020, in response to the COVID-19 pandemic, Alberta introduced temporary legislative changes to allow for virtual signing and witnessing of Wills, Enduring Power of Attorneys and Personal Directives (Estate...more

Trezzi v. Trezzi: Can You Gift Assets You Do Not Own?

Dickinson Wright on 11/11/2020

The Ontario Court of Appeal recently upheld a gift made to beneficiaries under a will, despite the assets being owned by a corporation, and not the deceased himself. This is an important decision that will affect estate...more

Three Important Civil Appeals at the Supreme Court of Canada in October and November

Bennett Jones LLP on 10/28/2020

In October and November, the Supreme Court of Canada’s docket is largely made up criminal cases. That said, there are three appeals that may interest businesses and organizations facing civil litigation....more

New Trust Reporting Rules

Bennett Jones LLP on 8/18/2020

Beginning in 2021, new reporting rules come into effect for most Canadian resident trusts. The rules are intended to improve the collection of beneficial ownership information with respect to trusts and to help the CRA assess...more

Just Say No: Acceptance of a Secret Trust in Bergler v Odenthal

Bennett Jones LLP on 7/1/2020

In the June 2020 case of Bergler v. Odenthal, 2020 BCCA 175 [Bergler], the British Columbia Court of Appeal found that deathbed wishes created a "secret trust", which required the surviving common law spouse to hold the...more

Best Practice Considerations for Virtual Execution of Estate Planning Documents

Bennett Jones LLP on 6/11/2020

Due to the COVID-19 pandemic, on May 15, 2020, Doug Schweitzer, Q.C., Minister of Justice and Solicitor General of the Province of Alberta signed Ministerial Order M.O. 39/2020 which modifies current legislation on a...more

COVID-19 Guide for Seniors

Dickinson Wright on 4/13/2020

Please Note: These materials do not constitute legal or medical advice. Government initiatives, announcements, and regulations in response to the COVID-19 situation continue to evolve and change frequently. What are the...more

Dying and Private Keys

Perkins Coie on 3/7/2019

Cryptocurrency owners must face death—be it their own, or that of anyone else with custody of the owner’s cryptocurrency or other digital assets. We received a stark reminder of this when the Canadian exchange QuadrigaCX...more

Discouraging Family Fights from the Grave

Bennett Jones LLP on 2/28/2019

If you are a beneficiary in a will that contains a no-contest clause, and you don't like what the will directs, be careful before you question its validity. You just might lose everything....more

Pensions Newsletter – July 2018

Blake, Cassels & Graydon LLP on 7/17/2018

FAMILY LAW - Malbon v. Malbon, 2017 BCCA 427 - Leslie Alan Malbon (Appellant) and Teresa Ruth Malbon (Respondent) married in 1980 and separated in 2002. In 2007, they entered into a consent divorce order (Order), which...more

A Deceased Can't Always Will What They Want

Bennett Jones LLP on 2/24/2017

There is a common misconception that the testator is free to leave their estate to anyone they choose. While this is largely true, certain family members who were left out or feel they were inadequately provided for under a...more

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Estate Planning › Canada

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