Estates & Wills & Trusts

Fraudulent concealment

By Ian Hull . Pursuant to s. 4 of the Limitations Act , generally , a claim should be started by an individual within two years of the claim being discovered. Section 5 of the Limitations Act, defines discovery as “the day on which a reasonable person with the abilities and in the circumstance of the person with the claim first ought to have known of the matters referred to.” Read more

Elders a target for financial abuse

A recent CBC report on an elderly man whose children allegedly drained his bank account is a cautionary tale for those selecting a power of attorney (POA) for their assets, says Toronto trust and estate litigator Felice Kirsh. Read more

The position of executor: from cradle to grave

By Avi Dahary . Part I – An introduction to the position Read more

Growing popularity of cryonics raises legal issues

The falling price of cryonics has opened up the possibility of body preservation to more Canadians, Toronto estates and trusts lawyer Suzana Popovic-Montag tells Read more

Without a will, assets may go to unintended beneficiaries

By Matthias Duensing . Having a lawyer draft your will is essential to ensure your assets are distributed according to your wishes. Not doing so can result in loved ones having to invest significant time and money to resolve an estate dispute later on. Read more

The doctrine of dependent relative revocation

By Suzana Popovic-Montag . Section 15 of the Succession Law Reform Act ( SLRA ) sets out those events which may revoke a will: (a) marriage (subject to s.16), (b) another validly executed will, (c) writing a declaration with animo revocandi (intention to revoke), validly executed, or (d) destruction of the will by the testator or by another in the presence of and at the direction of the testator. Read more

Redstone dispute mental examination denied

By Charles Ticker . Over the last few months, I have written a few posts on the Sumner Redstone dispute. Redstone is an American billionaire and media magnate. Some of the assets controlled by him or his family include the National Amusements theatre chain, CBS corporation, and Viacom. Many publications place his worth at approximately $6.2 billion. Read more

A win for testamentary freedom

By Daniel Bernstein . A 2016 Court of Appeal ruling in the Spence Estate case reinstated a testator’s will and is a good decision in favour of testamentary freedom. The lower court’s decision was troubling in the sense that it created uncertainty for lawyers drafting wills and possibly opened the ‘floodgates’ for estate litigation lawyers. Read more

Durante minore aetate – acting as executor for a minor

By Ian Hull . When dealing with the administration of an estate, there is the possibility that a bequest will be left to a minor, resulting in the need for it to be held in trust until the minor reaches the age of majority. It is also possible to have a situation where the executor named in a will is a minor at the date of death of the testator, pursuant to s. 26 of the Estates Act . This will result in a Certificate of Appointment of Estate Trustee being issued to the guardian of the named executor, until he or she turns 18. The guardian acting as executor is called durante minore aetate, which translates to “during the minority.” Read more

Zappa estate dispute continues

By Charles Ticker . Frank Vincent Zappa (December 2, 1940 – December 4, 1993) was a world-famous American musician. He composed various kinds of music, including rock, jazz and orchestral, and released more than 60 albums as a solo artist or with his band, the Mothers of Invention. Unfortunately, he passed away on December 4, 1993 after a long battle with cancer. Read more

Ticker rocks it for Ronald McDonald Charities

Toronto-area estates litigator and mediator Charles Ticker trades case notes for musical notes as he joins band mates in the Faded Genes in a special concert to raise money and toys for Ronald McDonald House Charities. Read more

Upcoming changes to the Ontario Land Transfer Tax Act

By Suzana Popovic-Montag . Proposed changes to the Land Transfer Tax Act Read more

Discriminatory wills and disinheritance

By Ian Hull . How far can one’s discriminatory beliefs endure in regard to estate planning? Read more

Are you eligible for the disability tax credit?

Canadians who qualify for the disability tax credit , but haven’t applied for it may be eligible to recover up to $16,000 in back credits, says Ottawa disabilities and estate planning lawyer Kenneth Pope. Read more

Revival of a revoked will

By Suzana Popovic-Montag . Last week we discussed the doctrine of republication, which makes an older valid will operate as if it had been executed on the (later) date of republication. A codicil that refers to a prior unrevoked will is the most common example of republication. Read more