Estates & Wills & Trusts

Beware of traps with multiple wills

Many high-net-worth Ontarians have two wills to avoid paying high probate fees, but there are pitfalls to the practice, Toronto wills and estates lawyer Mary Wahbi tells AdvocateDaily.com. Read more

Abuse of a power of attorney: when good people do bad things

By Ian Hull . We all know that bad people can do some very bad things. So, if your estate plan includes a continuing power of attorney for property (as it likely should), and you name someone to manage your affairs in the event you can’t, you’ll undoubtedly be choosing a “good person” to be your attorney, not the bad apple nephew with a spotted past. Read more

Estate planning for prisoners and their families

For families with a loved one who is in prison, routine financial issues such as making a will, keeping a family business afloat and supporting children are fraught with complications, Toronto estates and trusts lawyer Ian Hull tells AdvocateDaily.com. Read more

Sibling rivalry the source of most estate disputes

Humans may be hard-wired by their DNA to wage war with their siblings over the estates of family members, says Toronto-area estates litigator and mediator Charles Ticker. Read more

Dewshi to present on elder abuse at workshop

Toronto wills and estates lawyer Anar Dewshi will offer her insights on elder abuse issues at an upcoming estate-planning workshop, presented by Caregiving Matters. Read more

Women should assume key role in long-term wealth, estate planning

With high marital breakdown rates and a longer lifespan, 90 per cent of women will be solely responsible for their finances at some point in their lives, but all too often, in a male-female relationship, responsibility for wealth and estate planning falls to the male partner — which is problematic, Toronto estates and trusts lawyer Suzana Popovic-Montag writes in The Lawyer’s Daily. Read more

What happens when you die without a will

By Lisa Laredo . A will is one of the three most important documents every person should have (the other two being a Power of Attorney for Property and a Power of Attorney for Personal Care.) And yet, almost half of Canadians don’t have one. Read more

Timing key to maintaining advantages of GRE designation

Although changes that took effect in 2016 mean that testamentary trusts are now generally subject to tax at the highest marginal rate, a notable exception is now in play — the Graduated Rate Estate (GRE), Toronto litigator Matthew Urback writes in The Lawyer’s Daily. Read more

Age 65 or older? There may be a trust for you

By Ian Hull . Trusts have been around for hundreds of years, so a type that’s only been around for 17 years is still considered “new” in the trust world. Two types of living trusts (those that you establish during your lifetime) – the alter-ego trust and joint spousal trust – have been available to Canadians only since 2000. These “newer” trusts are worth a quick review because they can be beneficial in many estate situations. Read more

Estate planning for special assets

By Suzana Popovic-Montag . The disposition at death of many personal assets – a home, stocks, bank deposits – is typically straightforward in terms of how they are treated under the terms of a will and their valuation. Read more

Making the case for reforming estates legislation

Ontario needs to follow other provinces and revamp its wills and estates legislation to reflect current needs, Toronto estates and trusts lawyer Ian Hull tells AdvocateDaily.com. Read more

Getting legal documents in order gives seniors peace of mind

With an aging population, it’s important to get your legal documents in order — and the earlier, the better, says Toronto wills and estates lawyer Lisa Laredo. Read more

Do-it-yourself wills are a recipe for litigation

Do-it-yourself will kits can be a recipe for litigation, warns Toronto-area estates litigator and mediator Charles Ticker. Read more

Inter vivos shelter trust best for adult child with special needs

Many individuals who opt to buy a home for an adult child with special needs may choose to put the property in his or her name, but the use of an inter vivos shelter trust is likely a better option, Ottawa disabilities and estate planning lawyer Kenneth Pope writes in The Lawyer’s Daily. Read more

Regulate personal support workers: Popovic-Montag

A spate of recent abuse allegations shows the need for regulation of personal support workers (PSWs), says Toronto estates and trusts lawyer Suzana Popovic-Montag. Read more