Estates & Wills & Trusts

Paying money into court – minor beneficiaries

By Suzana Popovic-Montag . You are an estate trustee of an estate which leaves an interest to a beneficiary who is presently under 18 years of age. Knowing that, as the amount in question is in excess of $10,000 that it cannot be paid to the child’s parent on their behalf in accordance with s. 51(1.1) of the Children’s Law Reform Act , and not wanting to delay the administration of the estate until the child has turned 18 years of age, you begin to inquire about what options may be available to you. The possible solution? Paying the funds into court for the benefit of the minor beneficiary. Read more

Real estate and the matrimonial home

By Ian Hull . Recently, the Toronto Real Estate Board (TREB) released a report that Toronto home prices in the month of June jumped nearly 17 per cent compared with the same month last year. Toronto and Vancouver real estate prices are frequently a news topic, but regardless of where you live, the home often represents the largest and most important asset of a person’s estate. Read more

Selecting an appropriate estate trustee requires careful consideration

Choosing an estate trustee to carry out the wishes and instructions in your will can be a daunting task so it’s key to understand the duties and responsibilities of this very important role, says Toronto wills and estates lawyer Anar Dewshi . Read more

Event to demystify process of creating a will

Toronto lawyer Sarita Samaroo-Tsaktsiris will share her insights into creating and planning a will at an upcoming special presentation, hosted by SickKids Foundation. Read more

Avoid costly estate litigation by pre-planning wills

Canadian Baby Boomers will transfer $750-billion to their heirs over the next 10 to 20 years, according to a recent CIBC study, and that means there will be an increase in estate litigation cases, says Toronto estate litigator and mediator Charles B. Ticker. Read more

Effecting an insurance designation by declaration

By Ian Hull . What language will be sufficient to effect a beneficiary designation by codicil? The decision in The Bank of Nova Scotia Trust Company v. Ait-Said , 2016 ONSC 4051 (CanLII) provides some guidance on this issue. Read more

Trustees should act in interest of estate or risk paying the price

Toronto estate litigator Sean Lawler says the lesson learned from a recent Court of Appeal decision is that the court will be less inclined to protect an estate trustee who pursues his or her own interests rather than the interests of the estate and beneficiaries. Read more

Power of attorney disputes on the rise?

By Suzana Popovic-Montag . Our population is aging but living longer. This has resulted in an increase in the prevalence of dementia and other aging-related conditions associated with cognitive decline, and a corresponding increase in the use and activation of powers of attorney. Read more

Genetic testing of a deceased’s beneficiaries

By Rachel Migicovsky . According to a CBC report , Minnesota judge Kevin Eide has dismissed the claims of 29 people claiming to be Prince’s siblings, and ordered six to undergo genetic testing to determine whether they are in fact related to him. Read more

Ticker to co-chair Advising the Elderly Client program

T oronto-area estate litigator Charles Ticker will co-chair an upcoming Osgoode Professional Development program, designed specifically for those who provide legal advice to elderly clients. Read more

Popovic-Montag to discuss will challenges at Osgoode program

Toronto estates and trusts lawyer Suzana Popovic-Montag will be among the faculty of expert speakers at this year’s ‘Advising the Elderly Client: The 2016 Practical Guide for Legal Professionals’ program, presented by Osgoode Professional Development. Read more

Hull, Popovic-Montag to speak at Probate Essentials program

Toronto estates and trusts lawyers Ian Hull and Suzana Popovic-Montag will share their insights into some of the complications that can arise during the probate application process with attendees at an upcoming Law Society of Upper Canada program. Read more

Outdated estate law needs to evolve

Toronto wills and estates lawyer Patrick Aulis says clients are often surprised to learn that any previous will they have is automatically revoked upon marriage. Read more

Sibling dispute results in hundreds of millions going to sisters

By Charles Ticker . A recent story reported in the Cincinnati Business Courier found here , discusses a decision by a U.S. District Court Judge awarding the female siblings of the Griffin family hundreds of millions of dollars from their parents’ estates. The sibling dispute involves the children of John L. Griffin and Rosellen Griffin. Read more

Hull remembers lawyer for mentorship, benevolence

Lawyer Martin Teplitsky will be remembered not only as a mentor who shared his wisdom and understanding of human nature with others in the profession, but also as an incredible fundraiser, Toronto trusts and estates litigator Ian Hull tells The Canadian Jewish News . Read more