Estates & Wills & Trusts

Do you have gems or junk in your house?

By Ian Hull . How much are your non-financial assets worth? If you’re planning your estate, it’s an important consideration, especially if you plan to make specific bequests. Read more

Estates bar dealing with opposing multiple wills decisions

In the final instalment of a two-part series, Toronto wills and estates lawyer Mary Wahbi discusses opposing rulings regarding the use of multiple wills. Read more

Minimum wage negatively impacts those with special needs: Pope

The province should adopt special provisions exempting employers from paying the minimum wage to workers with special needs, Ottawa disabilities and estate planning lawyer Kenneth Pope tells Read more

TLA intervenes in appeal over Superior Court wills decision

The Toronto Lawyers Association (TLA) is looking forward to an appeal decision that will provide clarity for the Ontario bar and the association's hundreds of members who practise in the estates and trusts area, says executive director Joan Rataic-Lang. Read more

Testing the waters of s. 72(1)(d) of the Succession Law Reform Act

By David M. Smith and Nick Esterbauer . Many of our readers will be aware that on an application for dependant’s support under Part V of Ontario’s Succession Law Reform Act , certain property that may not be considered an asset of the deceased’s estate can be “clawed back” into the estate for the purposes of considering and funding an award of dependant’s support. Subsection 72(1)(d) provides that “a disposition of property made by a deceased whereby property is held at the date of his or her death by the deceased and another as joint tenants” shall be deemed to be part of the estate. Read more

New decision offers hope to multiple will holders

Multiple will holders have new hope that their testamentary documents will be upheld after a Superior Court judge went against a colleague’s decision by granting a certificate of appointment, Toronto trusts and estates lawyer Patrick J. Aulis tells Read more

Warning signs – will your family fight over your estate?

By Suzana Popovic-Montag . No one can predict the future with 100 per cent certainty – but we all have the ability to “read some signs” to make educated guesses about what’s likely to happen. Read more

Smith brings cool head to estate litigation

Problem-solving is the name of the game for Toronto estate litigator David M. Smith . Read more

Joint accounts between parents and children spur estate litigation

Parents should resist the temptation to set up joint accounts with their children, Toronto trust and estate litigator Felice Kirsh tells Read more

Choose the right executor for your estate

By Lisa Laredo . One of the many important decisions you need to make when making a will is choosing an executor for your estate. This is the person who will wind up your affairs. Choosing poorly may not only affect the distribution of your life savings but may also affect your family’s well-being after you are gone. Read more

What you should know about powers of attorney for personal care

In the final instalment of a two-part series on powers of attorney, Toronto wills and estates lawyer Elinor Shinehoft discusses POAs for personal care. Read more

Avoid emotional family disputes by pre-arranging funeral, writing a will

A dispute between siblings over where their deceased mother’s body should be buried brings up issues around the advantages of making your funeral wishes known, Toronto-area estates litigator and mediator Charles B. Ticker tells . Read more

Does your elderly parent need help?

By Ian Hull . It’s a situation shared by many – you have a single elderly parent living alone. They’ve always been able to handle their day-to-day needs, with the occasional helping hand from family members. But something doesn’t seem right. Read more

Without a will, family often left with unintended consequences

Dying without a will may have unintended consequences on one’s family members, Toronto wills and estates lawyer Matthew Urback tells Law Times . Read more

Resealing of foreign orders appointing guardians

By David M. Smith and Yasmin M. Vinograd . In some cases, an incapable person residing outside of Canada has assets in Canada. Can a guardian appointed outside of Canada have access to the incapable’s Canadian assets? By extension, would a guardianship order made outside of Canada be recognized in Ontario? Read more