Estates & Wills & Trusts

Where is a trust resident?

By Suzana Popovic-Montag . In this recent decision , the Ontario Superior Court considered the residence of two trusts, for the purpose of taxation. The court held that although the trustees of the two trusts were resident in Alberta, the trusts were resident in Ontario and required to pay taxes in Ontario. Read more

Financial abuse of the elderly

By Ian Hull . The Retirement Homes Regulatory Authority was established in 2010 by the Ontario government under the Retirement Homes Act, 2010 , S.O. 2010 Chapter 11 (the Act ), and acts as a licensing body for retirement homes in Ontario. Read more

Prince siblings named estate heirs

By Charles Ticker . Prince’s six siblings will share in $200 million estate Read more

Breaking bad: protecting elders from financial abuse

Toronto wills and estates lawyer Patrick J. Aulis has witnessed first-hand the devastation of financial elder abuse but says seniors can take steps to protect themselves from becoming victims. Read more

What is a disclaimer?

By Ian Hull . Receiving an inheritance under a will is a gift, and there is no obligation, as a beneficiary, to accept it. It is possible for a beneficiary to waive their right, or “disclaim” their interest, to a gift under a will. Read more

Peace of mind guaranteed

By Suzana Popovic-Montag . An estate trustee has the legal authority to arrange the place and manner of the burial or cremation of the deceased. The estate trustee also has a duty to see that the deceased is buried in a suitable manner and that no undue expense is incurred. Where a person dies without a will, and an administrator has not yet been appointed by the court, the deceased’s next of kin may direct the manner of burial or cremation. In some cases, the deceased may have made arrangements for a funeral and pre-paid for their own burial or cremation. There are certain statutory and common law consumer protections in regard to the procurement of funeral services. Read more

Gen Z brings strong multitasking, tech skills to law firms

Members of ‘Generation Z’ have been born with technology attached to their fingers and are adept at multitasking — and this group will soon be represented in the legal profession, Toronto estates and trusts lawyer Suzana Popovic-Montag tells The Lawyer’s Daily. Read more

Predatory marriages 'increasingly common problem' in Ontario

With the elderly population living longer and more independently than in the past, predatory marriages are becoming a growing phenomenon in Ontario, Toronto estates and trusts lawyers Ian Hull and Suzana Popovic-Montag write in The Huffington Post . Read more

New 'Atin Model' app digitizes taking will instructions: Hull

An in-house model designed to take will instructions is the basis for a new application available to lawyers by Toronto estate lawyer Ian Hull. Read more

'Why do I get $863 and he gets $1,128?': ODSP

Adult children with disabilities living at home often don’t get the maximum disability allowance possible despite repeated requests for more than the basic $863 room and board allowance, says Ottawa special needs and disability estate planning lawyer Kenneth Pope . Read more

Executor's role is no small job: Laredo

The role of an executor is to quarterback the assets of the deceased and it’s no small job, says Toronto lawyer, Lisa Laredo. Read more

Contractual obligations and estates

By Ian Hull . An estate trustee may be bound to a contract previously entered into by the deceased. This duty is distinct from the duty of an estate trustee to discharge all debts of the deceased. Read more

Banked genetic material should be included in estate plan

In the context of estate planning, it is appropriate for drafting solicitors to inquire whether a testator or potential beneficiaries have banked genetic material and, if so, how any children born are to be treated in the estate plan, Toronto estates and trusts lawyer Suzana Popovic-Montag writes in The Lawyer’s Daily. Read more

Lund business involved in dispute

By Charles Ticker . A recent story summarizes the sibling dispute among the owners of the Lunds & Byerlys chain of grocery stores. Lunds & Byerlys is one of the main grocers in the Minneapolis, Minnesota. The company was found by Russell Lund in 1939. It has grown to 26 stores in Minnesota. Read more

Age and testamentary capacity

By Suzana Popovic-Montag . “Testamentary capacity” is a term with a particular legal meaning: whether an individual has the necessary cognitive abilities to be capable of making a valid will. The classic statement of the test for testamentary capacity, which remains the most frequently applied version of the test, is found in Banks v. Goodfellow (1870), L.R. 5 Q.B. 549: Read more