Estates / Wills / Trusts
Michael Ford (post until Oct. 31/19)
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OCA split decision underscores difficulty in drafting for contingencies

Disputes involving the division of a family farm or cottage are common and it’s challenging to foresee what issues might arise after a will has been drafted, Toronto-area ... Read more

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Top 10 tips for estate executors: Dahary

The position of estate executor is fraught with pitfalls, particularly for a person doing the job for the first time, says  Avi Dahary , founder of  AccounTrust. In ... Read more

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Aretha Franklin died without an estate plan

By Charles Ticker Aretha Franklin passed away on August 16, 2018. A  recent story  online about her death suggests that she died without a will or a trust. This ... Read more

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Inheritance tax unlikely to benefit income inequality: Horst

A report that suggests the federal government could collect $2 billion annually if it implements a tax on inheritances of $5 million or more doesn’t take some unintended ... Read more

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Substantial indemnity costs ordered against estate trustees

By Ian Hull This case  was a dispute between three siblings over a $30,000 painting. The three siblings were beneficiaries and estate trustees of their late ... Read more

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Dependant's relief an option for surviving common-law spouse

Common-law spouses have options even if they’re left out of the wills of their deceased partners, Toronto trusts and estates lawyer  Daniel Bernstein tells ... Read more

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'Vicious' dispute sees family members fight over wealth

A recent case in the Ontario Superior Court shows how wealth can tear a family apart, Toronto wills and estates lawyer Matthias Duensing writes in The Lawyer's Daily . The ... Read more

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Regular reviews keep estate plans fresh

Testators should revisit their wills at regular intervals to ensure they still match their wishes, Toronto trust and estate litigator  Felice Kirsh  tells  ... Read more

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Disability tax credit application system flawed: Pope

The Canada Revenue Agency (CRA) is arbitrarily turning down applications for families seeking the Disability Tax Credit for their children, says Ottawa disabilities and estate ... Read more

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Outsource estates financials, advises accountant

Unbiased estate and trust accounting for large estates, or those being disputed, should be handled by independent accountants rather than within law firms that don’t ... Read more

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Conduct due diligence before agreeing to act as an ETDL

If approached to be an estate trustee during litigation (ETDL), it is important to agree to do so only with an understanding of what the role will entail and the inherent risk of ... Read more

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Small will-drafting errors can have big repercussions

Toronto wills and estates lawyer Daniel Bernstein says small words can have big consequences if they are omitted or included in error in a person’s estate plan. He ... Read more

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The perils of bequeathing the family cottage

Leaving the family cottage for the next generation to enjoy often sounds like a wonderful idea to parents who want their children and grandchildren to continue making memories, ... Read more

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Mediating estate disputes part 2: the process

In the second instalment of a three-part series, Toronto-area estates litigator and mediator Charles B. Ticker discusses how the mediation process works. Due to the ... Read more

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Tips for estate planning across borders

People should update their wills and powers of attorney if they move to another province or country, says Toronto wills and estates lawyer  Elinor Shinehoft . The ... Read more

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Five bad things that could happen if you die without a will

By Lisa Laredo Do you know what happens if you die without a will? Here’s the story of one family who learned the hard way. In this family, the grandmother (who had a ... Read more

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Experts don’t always pass muster in court

An estates matter involving a testator’s difficult relationship with alcohol illustrates that retroactively determining capacity is a big challenge, Toronto trusts and ... Read more

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Providing for children after a second marriage

In the second instalment of a two-part series, Winnipeg wills and estate lawyer Cynthia Hiebert-Simkin discusses how to provide for children when there’s a ... Read more

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Travel much? Currency exchange is getting easier

By Ian Hull We’ve seen it first hand in many estates situations: families with property and assets in different countries. In the estate administration process, this ... Read more

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Charles Manson estate dispute offers broader lessons

The dispute over the estate of Charles Manson offers lessons for testators with less controversial backgrounds, Toronto litigator  Matthew Urback  tells  ... Read more

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