Estates & Wills & Trusts

Funeral dispute caused by unclear final wishes

By Charles Ticker . A recent story I found online about a transatlantic funeral dispute confirms how important it is to have an up-to-date estate plan in place before death. Read more

Simplifying succession – should Ontario abolish the Perpetuities Act?

By Matthias Duensing . One of the oldest and most complex issues that arise when advising clients on succession planning is how to manage what is known as the “rule against perpetuities.” Read more

One head is better than two when it comes to powers of attorney

Individuals should avoid appointing joint powers of attorney whenever possible, Toronto trust and estate litigator Felice Kirsh tells AdvocateDaily.com. Read more

Professional advice key when leaving gifts to charity

Testators should seek professional advice before leaving gifts to charity, Toronto wills and estates lawyer Lisa Laredo tells AdvocateDaily.com. Read more

Can you bulletproof your will?

By Suzana Popovic-Montag . As estate litigators with decades of experience, we’ve seen it all when it comes to estate disputes. Our firm has dealt with thousands of cases and family situations. Not surprisingly, we’re often asked if there’s a bulletproof will that’s beyond challenge. Is there a way to guarantee that a will can’t be successfully attacked and your wishes thwarted? Read more

Mediation of estate disputes always worth considering

It’s better for parties embroiled in estate disputes to mediate sooner rather than later because the longer they litigate, the more financially and emotionally entrenched they become, Toronto-area estates litigator and mediator Charles B. Ticker writes in The Lawyer's Daily . Read more

Five things your clients should do before they die

By Ian Hull . You advise and document estate plans for clients. You’re meticulous about detail and always do a thorough job. Is there anything you’ve overlooked? Read more

Digital asset planning a must in modern estates

As a person’s digital assets become increasingly complex, it’s important to include updated estate instructions around them, particularly if a child with special needs is involved, says Ottawa disabilities and estate planning lawyer Kenneth Pope. Read more

Discuss estate planning during holiday get-togethers

By Matthias Duensing . With the holidays fast approaching, families are no doubt planning their festivities. Having multiple generations under one roof is cause for joyous celebration. But it’s also an excellent opportunity for families, specifically siblings and their aging parents, to come together and discuss the future. Read more

Debate grows over presumed consent for organ donations

More provinces may turn to opt-out systems for organ donation as the Canadian population ages, says Toronto estates and trusts lawyer Suzana Popovic-Montag. Read more

Caregiver loses battle with son of elderly client

By Charles Ticker . Caregiver accused of influencing loses court battle Read more

Fertility beyond the grave

By Suzana Popovic-Montag . Here’s a problem that was hardly imaginable a couple of generations ago. Sperm, ova or embryos are preserved for future use. The donor (or one of the donors) dies, but the preserved sperm, ova or embryo is used to conceive a child after the donor’s death. Does that child have rights under the donor’s estate plan? Read more

Triggers for updating your will: changes in assets

This is Part 1 of a three-part series where Toronto wills and estates lawyer Mary Wahbi talks about the life events that should trigger a review of your will. In the first instalment, she looks at changes in assets. Read more

Trust, communication key when creating estate planning agreements

Creating a representation agreement may seem simple and direct — but in reality, it involves a personalized process that requires clients to consider a number of difficult scenarios and communicate these effectively to family members, Vancouver corporate lawyer Jonathan Reilly tells AdvocateDaily.com. Read more

Vital to include specifics when creating advanced directives

An advance directive conveys the health care wishes of an individual while they are still mentally capable of expressing them, but these instructions have been criticized for being vague, difficult to interpret and potentially unreliable in the face of changing technology, Toronto wills and estates lawyer Matthias Duensing writes in The Lawyer’s Daily. Read more