Estates / Wills / Trusts
The Canadian Bar Association
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Finding 'best path forward' a model for client service

Estate litigation is a frightening and novel experience for most people, and lawyers should provide practical advice that’s tailored to individual needs, says Toronto estate ... Read more

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Decision is a wake-up call for fiduciaries: Ticker

Estate trustees can’t always assume they will be protected from litigation costs following a recent decision of the Ontario Court of Appeal, Toronto-area estates ... Read more

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Responsiveness, communication vital to client satisfaction

By nature , estate litigation can be an emotional roller-coaster, and having a lawyer walk clients through the process goes a long way to calming their nerves, says Toronto ... Read more

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Multi-pronged approach to networking may benefit new firms

Sole practitioners are often torn between meeting client needs and undertaking business development work to maintain an ongoing caseload — and as Ottawa real estate, ... Read more

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Wills should account for stored sperm and eggs: Popovic-Montag

Estate planners need to know about clients’ stored genetic material to ensure their consents are properly spelled out, says Toronto estates and trusts lawyer Suzana ... Read more

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The position of executor: from cradle to grave – Part II

By Avi Dahary Fact gathering In part one of this series, I provided an introduction to the position of estate executor, including basic principles to follow and ... Read more

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Henson trust advantages extend to families without special needs

Although some lawyers may know that Henson trusts are useful for families with members who have disabilities, many may not realize that there are other uses for these trusts for ... Read more

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Validity of in terrorem conditions

By Suzana Popovic-Montag An  in terrorem  condition attached to a testamentary gift keeps a beneficiary “in fear” of losing entitlement to the ... Read more

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Ignorance of misconduct no excuse for co-trustees: OCA

A recent Ontario Court of Appeal decision shows ignorance is no excuse for executors who fail to notice misconduct by their co-trustees, says Toronto estates litigator ... Read more

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Mayeski to discuss powers of attorney at law society event

On Feb. 24, Toronto and Prince Edward County lawyer  Alexandra Mayeski  will share her insights on the annotated power of attorney for personal care at a continuing ... Read more

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Wills and estates lawyer Wahbi lands at Fogler Rubinoff

Toronto wills and estates lawyer Mary Wahbi found her legal calling on her very first day at work following qualification. Hired back at the end of her articling term, Wahbi ... Read more

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E-filing of estate notices simplifies trustee's job

A new website makes it easier for trustees to publish notices to creditors, an obligation that must be carried out before an estate can be distributed among beneficiaries, ... Read more

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Webinars to explore top family, estates law cases of 2016

Brampton lawyer-linguist  Suzanne Deliscar is offering a pair of online sessions this winter in partnership with ezCPD.ca, aimed at highlighting 2016’s top cases ... Read more

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Ming porcelain collection dispute

By Charles Ticker A recent story from the United Kingdom found  here  illustrates what happens when siblings cannot come to an agreement on how to divide an ... Read more

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Fraudulent concealment

By Ian Hull Pursuant to s. 4 of the  Limitations Act ,  generally ,  a claim should be started by an individual within two years of the claim being ... Read more

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Elders a target for financial abuse

A recent CBC report on an elderly man whose children allegedly drained his bank account is a cautionary tale for those selecting a power of attorney (POA) for their assets, ... Read more

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The position of executor: from cradle to grave

By Avi Dahary Part I – An introduction to the position This is the first of a 10-part series in which the position of estate executor is explored from the time an ... Read more

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Growing popularity of cryonics raises legal issues

The falling price of cryonics has opened up the possibility of body preservation to more Canadians, Toronto estates and trusts lawyer Suzana Popovic-Montag  tells ... Read more

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Trustees can't always rely on the estate to pick up their legal tab

A series of recent cases should serve as a reminder to estate trustees that they could end up personally on the hook for litigation costs, says Toronto estates litigator ... Read more

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A view from the intersection of family, estate law

A recent discussion forum with senior estate and trust lawyers from across the country raised questions around the crossover of family and estate law that will play out in courts ... Read more

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