Estates / Wills / Trusts
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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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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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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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