Estates & Wills & Trusts

Estate planning defence possible for targets of fraudulent conveyance claims

An estate planning defence is a potentially viable option to defend a claim of fraudulent conveyance, Toronto estate litigator David M. Smith tells Read more

Make sure the executor of your will wants the job: Allinotte

Before you appoint an executor of your will, make sure they understand what the role entails and are willing to take on the responsibilities, Cornwall wills and estates lawyer Michele Allinotte tells Read more

Afraid of dying? Take your mushroom

By Ian Hull . Estate law is centred on asset planning for an end-of-life experience. So not surprisingly, we’ve seen just about every end-of-life situation you can imagine. I can tell you first-hand, many of these situations are painful, fearful, and depressing. Read more

Fraud against seniors – can it happen in your family?

By Suzana Popovic-Montag . By now, many of you have had a phone call from the “Canada Revenue Agency” informing you that you owe money, or that a lawsuit or collection process has begun. It’s a scam that’s obvious to most of us – and we hang up and don’t give it a second thought. Read more

Keep meticulous accounts as estate trustee to avoid liability

Administering an estate is a big role with a large amount of responsibility and fiduciary obligations attached to it, Toronto estates and trusts lawyer Suzana Popovic-Montag tells AdvocateD . Read more

What are the duties of an executor?

By Lisa Laredo . Being appointed executor of an estate is a big job. Read more

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