Estates & Wills & Trusts

Duty of disclosure – the unique rules for estates and trusts

By Ian Hull . We all know that lawyers have a duty to hold client information confidential – it’s one of the foundations of our legal system. But estates are a special matter. If we follow the letter of the law regarding confidentiality, a drafting lawyer would be unable to release the testator’s will following their death. Read more

Everything you need to know about naming a POA

By Lisa Laredo . Two of the three most important documents every person should have are a Power of Attorney (POA) for Personal Care and a POA for Property (the third is a will). Yet, only about 30 per cent of Ontarians have these signed documents. Read more

Careful planning critical for bequests to dependent child

Financial planning for a child deemed incompetent is needed to ensure a smooth transition and inheritance through succession law, says Ottawa disabilities and estate planning lawyer Kenneth Pope. Read more

Trusts and family property – when can you trust a trust?

By Ian Hull . The laws relating to trusts are complex enough before issues relating to family law are introduced. Even at the best of times, individuals establishing trusts need the advice and services of professionals to ensure that trust structures are sound and their trust goals are met. Read more

Holograph will at centre of $30 million estate dispute

By Charles Ticker . Holograph will handwritten by Dallas Cade deals with $30 million estate Read more

Joint property cannot be clawed back to satisfy deceased's debt

As jointly held real property is not actually ‘transferred’ to the surviving owner, it cannot be recovered to satisfy the debts of the deceased if the estate is later found to be bankrupt, Toronto estates and trusts lawyers Suzana Popovic-Montag and Stuart Clark write in The Lawyer’s Daily. Read more

Fill-in-the-blanks approach not suited to estate planning

Information is key to sensible and tax-efficient estate planning, Toronto wills and estates lawyer Mary Wahbi tells Read more

Intergenerational wealth transfer: keys for success

Inheritances can be a windfall, but how the next generation manages that estate is a critical part of the process, say Toronto estate lawyer Ian Hull and INTEGRIS Pension Management Corp. founder and CEO Jean-Pierre Laporte. Read more

Embracing diversity the cornerstone of Romero’s practice

Toronto mediator Victoria Romero first began settling disputes in high school as part of a peer conflict-resolution program. She’s never looked back. Read more

Embrace of videoconferencing good for the justice system

The Ontario Superior Court’s recent embrace of videoconferencing for uncontentious appearances is a welcome development, Toronto estates and trusts lawyer Suzana Popovic-Montag tells Read more

Prince estate deal with Universal nullified

By Charles Ticker . Prince estate deal with Universal Music Group rescinded Read more

Navigating the maze of estate planning options for special needs child

When planning for the future of a financially dependent child, choosing the option that will provide them with the most money is not always easy or straightforward, Ottawa special needs and disability estate planning lawyer Kenneth Pope writes in The Lawyer’s Daily. Read more

The tricky business of deathbed estate planning

By Ian Hull . It’s 8:30 am, you’ve just entered your office, and you get a call from the common-law spouse of one of your long-term clients. It’s bad news – your client is in palliative care and has a will from 2001 that he urgently needs to update. Time is of the essence. Read more

Math studies give Toronto litigator a logical, analytical edge

When Toronto litigator Matthew Urback tells people his first university degree was in math, most are surprised and curious as to how that prepared him for a career in law. Read more

Elder abuse under the guise of a POA is all too common

By Lisa Laredo . While awareness of elder abuse is on the rise, sadly, its prevalence is not falling. Spotting this kind of abuse is not all that easy though, because neglect and financial abuse may come under the guise of a Power of Attorney (POA). Read more