Estates / Wills / Trusts
The Canadian Bar Insurance Association
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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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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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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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