our 10th year
blog anniversary
The amount of careful analysis and due diligence that good individualized estate planning requires cannot be overstated. Importantly, this process involves determining all the assets a testator has an interest in, how such interest is held, and finally how they would like to dispose of or pass on such interest(s)
In the world of trusts and estates law, the acronym “GRE” is a frequent visitor, and while its descriptive meaning, Graduated Rate Estate (“GRE”), may be well known, its impact perhaps less so. A testamentary trust is a trust created as a result of a person’s death. An estate is
In June 2025, my colleague, Michael G. von Keitz, wrote a blog titled ‘1,270 Days Later: The Sequel to Substantial Compliance in Ontario’. His blog reviewed a trio of cases (Salmon v Rombough, 2024 ONSC 1186, O’Neill Estate, 2024 ONSC 2228, and Urback v Canadian Cancer Society et al., 2025
Many of you may have read about the recent Murdoch family trust dispute, the elements of which are a real-life drama even more interesting than an episode of the Succession series, thought to be based on the Murdoch family’s trials and tribulations. The court decision in this case provides lessons to
All Trustees, whether Estate Trustees or otherwise, have a duty to account to the beneficiaries on whose behalf a trust is being managed. That is to say, those vested with the power to manage property on behalf of others are obligated to provide to the beneficiaries an accounting of their
Courts in common law jurisdictions continue to grapple with how to deal with a spouse’s interest in a discretionary trust when there is a marital breakdown, and whether to include them in property division, and if included, how to value them in dividing family property. There have been shifts by
Typically, we tend to think of the beneficiaries of an estate under a will as being individuals or organizations: family members, friends, and charities. These beneficiaries usually receive their gift outright or through a trust created under the will (i.e., a testamentary trust). However, for those who have created trusts
Trusts, and discretionary trusts in particular, are a staple of estate planning for their flexibility and adaptability. They can address a multitude of situations such as: managing assets for spouses, minors, persons with disabilities or vulnerabilities; asset protection and preservation; business wealth and succession; and incentivizing activities such as education.
Most of us have heard of the “KISS” principle, which stands for “keep it simple, stupid.” The natural assumption is that simple equals short and sometimes this is true, but not always. When it comes to legal documents such as Wills and trusts, the devil is in the details, and
It is the beginning of a new year and time to reflect on the last three years or so, what impact the pandemic has had on the trust and estate world, and what the way forward will be. So much has changed in so short a period in how professional