This summer, the Montana Supreme Court had to weigh in on a modern question: can a selfie video serve as a person’s last Will? The short answer was no. Stories like the Montana case can be useful teaching tools. They help illustrate that intent is only half the battle—validity is the other.  28 Aug

Selfie Video Last Will and Testament? Still a Step Too Far!

While a letter of wishes is not legally binding, it can still serve as a useful tool and an added “personal touch” to an estate plan, offering clarity on decisions, ensuring wishes are understood and guiding those involved in the administration of the estate. 22 Aug

The Letter of Wishes: A Personal Touch to Your Estate Plan

In Canada, most trusts are separate legal entities taxed under strict rules in the Income Tax Act. Proper structuring is essential to reduce tax and avoid reporting issues. Regular reviews with your accountant and estate planning lawyer help prevent surprises. 14 Aug

Taxation of Trusts in Canada: How Does it Work?

The term "executor" itself is used across many legal systems and cultures. Other terms like "estate trustee" and "estate representative" are also used, but the core function remains the same: managing the estate according to the will. 14 Aug

Estate Executor: Role —by any other name— Remains the Same

A separate situs will is a will that complies with the laws of a specific jurisdiction ("situs") where you own property. It is a strategy to manage multi-jurisdictional assets and can help reduce probate fees and other administrative burdens... 12 Aug

Estate Planning Terminology: Separate “Situs” Wills

An executor has both authority and legal duty. With that comes potential risk. Acting without proper guidance can expose you to delays, disputes, or even personal liability. This article highlights the top five executor missteps and how to steer clear of them... 03 Aug

Top 5 Mistakes Executors Make & How To Avoid Them: Ontario

Dealing with the loss of a loved one is overwhelming, and the complexity of probate court can add to the stress. Clear communication about fee responsibility allows families to focus on honoring their loved one’s wishes... 26 Jul

Probate Attorney Fees: Who Covers These Costs?

Alternative Dispute Resolution (ADR) offers significant benefits in probate matters, including reduced costs, faster resolution times, and preservation of family relationships. ADR methods like mediation and arbitration allow for confidential, flexible, and often more amicable resolutions compared to traditional litigation.  25 Jul

Benefits of Alternative Dispute Resolution in Probate

What is a Trust and Estate Planning Practitioner (TEP)? 22 Jul

What is a Trust and Estate Planning Practitioner (TEP)?

Understand the critical differences between estate tax and inheritance tax. This guide explores both tax types, their crucial distinctions, and strategic planning approaches to potentially minimize their impact, helping you preserve more of your legacy for loved ones rather than tax authorities. 22 Jul

Inheritance Tax vs. Estate Tax: What’s the Difference?

Recent Ontario Court of Appeal ruling reaffirms the modern cost approach in estate litigation: trustees who fail in their duties may not only be removed but may also bear the personal financial burden of their choices. 22 Jul

Personal Liability for Costs Due to Breach of Fiduciary Duty: Ontario

In Ontario, the term "executor" is now often replaced with "estate trustee" to more accurately reflect the fiduciary role they play in managing an estate. This change is not Canada-wide, but specific to Ontario's legal terminology.  21 Jul

Executor vs. Estate Trustee: Ontario Specific Legal Terminology