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Your Estate Matters Newsletter
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Your Estate Matters Podcast

Episode 19: Transforming Fear into Empowerment in End-of-Life Planning

In this week's episode of Your Estate Matters, we are joined by Christa Ovenell, a licensed funeral director and end-of-life doula. Christa, founder of Death's Apprentice Education and Planning, shares her journey into death care, emphasizing the importance of open conversations about death, advanced care planning, and legacy preparation. The discussion covers the roles of funeral directors and end-of-life doulas, societal aversion to discussing death, and the necessity of early planning to avoid overwhelming loved ones. Listeners are encouraged to take proactive steps, however small, to ease the burden on their families.

Your Estate Tip

Is Legacy More than Just Ego?

While some prominent figures dismiss legacy as meaningless—boxing legend Mike Tyson recently called it "another word for ego"—others see it as central to creating lasting value across generations. Real estate investor Moses Kagan offers a compelling counter-view, suggesting that legacy isn't just about being remembered, but about:

• Creating long-term value rather than chasing quick gains;
• Fulfilling our responsibility to future generations;
• Keeping family stories and values alive;
• Building lasting trust in business relationships; and
• Making a positive community impact.

Rather than viewing legacy as self-serving, Kagan frames it as participating in something larger than our own lifetime. For those of us thinking about estate planning, this raises important questions about how we can structure our decisions today to benefit future generations.

As you consider your own estate planning journey, what steps are you taking to create meaningful impact that extends beyond financial assets?

Your Estate Case

When Can Estate Trustees Be Removed?

A recent Ontario Court of Appeal case Kasanda v. Sartarelli, 2025 ONCA 27 provides crucial guidance on when courts will remove an estate trustee. The case centered on two siblings serving as co-trustees of their father's estate, with one ultimately being removed from their role.

The High Bar for Trustee Removal

The Court reinforced that removing a trustee requires "the clearest evidence that there is no other course to follow." However, trustees can be removed when they:

• Prefer their personal interests over the estate's needs
• Obstruct proper estate administration
• Generate unnecessary conflict and expenses
• Fail to cooperate with co-trustees
• Ignore professional advice without valid reasons

In this case, a brother and a sister were named executors under their father’s last will and testament, along with his long-time solicitor. The Court removed the sister as trustee because she:

• Delayed filing tax returns and paying estate obligations;
• Rejected professional accounting advice;
• Made unilateral decisions without consulting the other co-trustees; and
• Let personal grievances about family history interfere with estate administration.

Practical Lessons for Estate Planning:

1. Choose trustees who can separate personal feelings from fiduciary duties.
2. Consider whether family dynamics might complicate joint trustee arrangements.
3. Include clear instructions about how estate debts should be handled.
4. Consider appointing a neutral professional trustee when family tensions exist.

This decision reminds us that being an estate trustee is a serious responsibility requiring objectivity, cooperation, and prompt attention to estate obligations.

In the case of difficult family dynamics, consider appointing a neutral professional executor such as Heritage Trust.

Your Estate Read

Recommended Books on Canadian Estate Planning and Administration Topics

The Estate Planning Council of Canada promotes cross-education, referrals and connection for a broad spectrum of Estate Planning and Estate Administration Professionals, fosters a collaborative approach to all planning, and shares best practices. It links and supports Estate Planners across Canada and represents a global community online.

The EPC is is working on new recommended books page to highlight Canadian Advisor content:

Here are some ways you can work with us: ​Book a free consultation with Heritage Trust. Download our free checklist “Essential Steps for Estate Planning.” Purchase our course "The Estate Organizer for Canadians." Join the waitlist for the Canadian Estate Club membership here: https://www.estateclub.ca/canadian-estate-club​ ​ Follow us on social: ​​​​

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