Estates & Wills & Trusts

LSUC event to explore new rules of practice for estates

On May 3, Toronto estates and trusts lawyer Suzana Popovic-Montag will discuss the new rules of practice for estates at the Six-Minute Estates Lawyer event, hosted by the Law Society of Upper Canada (LSUC). Read more

Redstone estate may become subject of will challenge

By Charles Ticker . Sumner Redstone (born May 27, 1923) is an American billionaire and media magnate. Some of the assets owned and/or controlled by him or his family include the National Amusements theatre chain, CBS Corporation, and Viacom. According to Forbes, he is worth approximately $6.2 billion. The Redstone estate is vast with many assets. Read more

Executors: Prepare for CRA’s due diligence on deceased’s real estate

By Avi Dahary . Occasionally, an estate executor may be in a situation where a deceased’s estate includes a real estate property that consists of attached principal residence and commercial space, which sparks a number of tax-related issues. Read more

OCA decision favours principle of testamentary freedom

The Court of Appeal’s ruling in Spence Estate (Re), 2016 ONCA 196 reinstating a testator's will is a good decision in favour of testamentary freedom, Toronto wills and estates lawyer Daniel Bernstein tells . Read more

Consider red flags, develop strategies to deal with undue influence

By taking certain precautionary measures at the will drafting stage, many undue influence challenges can be simplified or avoided altogether, Toronto trusts and estates lawyer Suzana Popovic-Montag tells . Read more

Laredo: Court of Appeal's decision in Spence is just

A Court of Appeal decision to reinstate a man's allegedly racist will restores certainty to the field of estate planning, Toronto wills and estates lawyer Lisa Laredo tells . Read more

Popovic-Montag to speak at OBA estates, family law event

Toronto estates and trusts lawyer Suzana Popovic-Montag will share her thoughts on the role of arbitration in estates matters at an upcoming program presented by the Ontario Bar Association (OBA), she tells Read more

Hull to speak at LSUC primer on mediation for litigators

Toronto trusts and estates litigator Ian Hull will speak at an upcoming Law Society of Upper Canada (LSUC) program, aimed at providing litigators with a primer on mediation, he tells Read more

Probate fee reduction strategy must consider whole estate plan

While a number of strategies have sought to reduce estate administration tax since it was tripled in 1992, ultimately, the legal consequences and the overall estate plan have to be taken into account, Toronto trusts and estates lawyer Mary Wahbi writes in Lawyers Weekly . Read more

Expert 'hot-tubbing' and its use in will challenges

By Ian Hull . When a will is challenged on the basis of testamentary capacity, one of the first considerations is whether the testator underwent a capacity assessment during their lifetime. Unfortunately, when it turns out that their capacity was never formally assessed, this presents a challenge for both sides of the proceeding. In this situation, a retrospective capacity assessment may be done by a medical professional. A retrospective capacity assessment usually involves a review of the testator’s medical records, any relevant lawyers’ files, and any other relevant material. The retrospective capacity assessor will conduct their assessment in the context of the legal test for capacity. Read more

Withdrawal from parental control and dependant’s relief

By Suzana Popovic-Montag . In Ontario, minors who are 16 years or older may choose to withdraw from parental control under s. 65 of the Children’s Law Reform Act . This means that these minors have the ability to leave home prior to reaching the age of majority without obtaining the permission of their parents or the courts. However, this is not a decision that should be taken lightly as it can be accompanied by serious consequences. Read more

Morgan Freeman involved in step-granddaughter estate dispute

By Charles Ticker . The highly successful and popular actor Morgan Freeman is involved in an estate dispute to ensure the assets of his murdered step-granddaughter’s estate do not end up with her father. E’Dena Hines was stabbed outside of her New York City home and eventually died from her injuries on August 16, 2015. The alleged murderer is her boyfriend, Lamar Davenport. He is due to appear in court, and has plead not guilty to a charge of second-degree murder. Read more

The issue of parental recognition

By Suzana Popovic-Montag . On December 10, 2015, private member's Bill 137 (also referred to as Cy and Ruby’s Act) passed its second reading at Queen’s Park. Bill 137 seeks to amend various statutes that deal with parental recognition, most notably, the Children‘s Law Reform Act (CLRA). Read more

Types of elder abuse and why it often goes unreported

By Ian Hull . The World Health Organization defines elder abuse as a single or repeated act, or lack of appropriate action, occurring in any relationship where there is an expectation of trust that causes harm or distress to an older person. According to the Ontario Network for the Prevention of Elder Abuse (ONPEA), the number of seniors over 65 in Ontario is expected to increase to almost 4.2 million by 2036, and tragically it is estimated that between 2 per cent and 10 per cent of older adults will experience some form of elder abuse each year. Read more

Kirsh to co-chair program on resolving estate disputes

Toronto estate litigator Felice Kirsh is set to co-chair an upcoming program on managing, mediating and litigating estate disputes, presented by Osgoode Professional Development. Read more