Estates / Wills / Trusts
The Canadian Bar Association
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Plan early for transfer of family cottage

While the family cottage is generally a place filled with happy memories, the significant sentimental and financial value that some attach to the property may lead to contentious ... Read more

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The common law slayer rule

By Ian Hull The common law slayer rule makes the law in Canada clear that committing murder will prevent a person from inheriting the estate of the victim. For clarity, the ... Read more

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Joint ownership to reduce probate fee can prove problematic

Although the estate administration tax has some lawyers and their clients focusing on probate fee reduction strategies including the transfer of assets to a joint owner, this can ... Read more

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Caring for Fido and other family pets in estate plans

Pets are a much-beloved part of many families so it’s not surprising more people are making provisions for them in their estate plans, says Toronto trust and estate lawyer ... Read more

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Hull to explore connection between estates, family law

Toronto trusts and estates litigator  Ian Hull will share his insights on the connection between estate matters and family law at a pair of events this April. On ... Read more

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Heirs fighting over estate of famous harpist

By Charles Ticker A recent  story  from London, England is a great example of a will challenge caused by a beneficiary being disinherited. The dispute involves the ... Read more

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Focus on independent practices key to retention

Although keeping lawyers on board is the preferred route, law firms have to be realistic about the fact that not much can be done to stop individuals who exhibit an ... Read more

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Risk profile key in assessing best tax, estate planning strategy

There are a number of approaches lawyers and other advisors can take when implementing estate and tax planning strategies for individuals and families — but it is ultimately ... Read more

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Rulings provide contrasting views on court's role in probate

Although a pair of recent Ontario Court of Appeal decisions address the issue of a court’s jurisdiction and role in matters of probate, the rulings send a mixed message on ... Read more

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

By Avi Dahary Taking inventory of estate assets In part two of this series, I explored the initial steps one needs to take when they are named an executor in a ... Read more

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Make peace before the estate wars break out

A recent decision making an estate trustee pay costs resulting from a family squabble over scrapbooks highlights the need to plan for emotional upheaval when making a will, says ... Read more

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Use of image, likeness after death gifted under will

The use of 'personality' — such as a deceased celebrity’s image — is recognized as an asset that can be gifted under wills, and may be the subject of more court ... Read more

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Aim for family harmony in estate planning: Oxtoby

B.C. wills and estates lawyer Alison Oxtoby knows most people cringe at the thought of their own death, but she says having an estate plan can bring peace of mind. While ... Read more

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Advertising for creditors: does standard practice need updating?

By Suzana Popovic-Montag An estate trustee must ensure that the deceased’s debts have been discharged prior to making any distributions. This is usually done by ... Read more

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Law commission recommends POA education

TORONTO - The Law Commission of Ontario is calling for broad changes to systems dealing with powers of attorney in the province The commission issued a report on Wednesday ... Read more

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What to do if you receive a Not Clear Certificate

By Ian Hull What happens if an individual dies  intestate , and upon application for a Certificate of Appointment of Estate Trustee Without a Will, a Not Clear ... Read more

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Digital estate plan important for anyone with online presence

In today’s virtual world, failing to include digital assets in an estate plan comes with certain risks, including the inability of heirs and executors to access online ... Read more

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Siblings battle over Meccano sets

By Charles Ticker A recent  story  from Whanganui, New Zealand illustrates how emotionally charged estate disputes can occasionally become. The dispute involves the ... Read more

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Communication skills critical in estate litigation

Estate litigation is a daunting and unfamiliar world for most people, and having an advocate guide them through the process and listen to their wishes is critical, says Toronto ... Read more

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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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