Estates & Wills & Trusts

Co-ordinate payments from RDSPs and Henson Trusts

Disbursements from Henson Trusts and Registered Disability Savings Plans (RDSP) can be co-ordinated to provide for children with special needs, Ottawa disabilities and estate planning lawyer Kenneth Pope tells AdvocateDaily.com. Read more

Is there a duty to account when requested by a beneficiary?

By Ian Hull. In this recent decision , the Ontario Superior Court of Justice confirmed that an attorney for property and/or estate trustee has a duty to pass accounts in accordance with the Rules of Civil Procedure. Read more

Alexa – take a hike

By Suzana Popovic-Montag . Amazon Echo and Google Home – here’s my prediction about these smart speakers. In 25 years, we’ll look at film clips or ads that featured the “cool things” that these devices did – and we’ll laugh. We’ll laugh the same way we laugh today about news clips from the 1990s that described the wonder of the new “internet.” Read more

Separated from one, common-law with another – who gets what?

People who live common-law with a new partner after the breakdown of a marriage are advised to get their affairs in order — and get a will, Toronto litigator Matthew Urback tells AdvocateDaily.com. Read more

Properly worded shareholders agreement is a must: Horst

When someone dies with a life insurance policy listing a clear beneficiary, anyone with a dispute should have solid evidence to support their argument, Toronto corporate lawyer Marlin Horst tells AdvocateDaily.com . Read more

E-wills are coming, till then paper documents crucial: Wahbi

While electronic forms of wills may be common one day, there are a number of hurdles that have to be dealt with to get there, Toronto wills and estates lawyer Mary Wahbi tells AdvocateDaily.com. Read more

Blended families complicate estate planning

By Lisa Laredo . You already know that dying without a will is the safest way to ensure that you have absolutely no options whatsoever as to how your estate is to be divided. (And if you really didn’t know that, then read about what happens when you die without a will before reading on.) Read more

Five things that will disappear in our lifetime

By Suzana Popovic-Montag . It never stops. Another year on the calendar turns, and we receive another jolting reminder of the years passing. It’s not just loved ones that we lose over time – our way of life is also constantly under threat. Read more

Holographic will can create issues around testator's intention

It’s best to avoid a handwritten informal will because improper drafting may lead to the document not being valid and could create significant questions of interpretation, says Toronto wills and estates lawyer Lisa Laredo. Read more

Preferred beneficiary versus qualifying disability trust elections

Electing to make a testamentary trust a qualifying disability trust (QDT) is not always the best option for beneficiaries with special needs, Ottawa disabilities and estate planning lawyer Kenneth Pope tells AdvocateDaily.com. Read more

Audits on the rise for Estate Information Returns

Executors must take care to accurately complete their Estate Information Return (EIR) as the province steps up its compliance efforts, Toronto wills and estates lawyer Daniel Bernstein tells AdvocateDaily.com. Read more

Estate of Aretha Franklin facing various difficulties

By Charles Ticker . Aretha Franklin passed away from pancreatic cancer on August 16, 2018, at the age of 76. Immediately after her death, it became apparent that she died without a will and an estate plan. This meant that the administration of her multi-million dollar estate would likely become challenging if various heirs and people with interests came forward. Read more

SCC rules on importance of irrevocable beneficiary designation

A recent Supreme Court of Canada (SCC) case shows the importance of an irrevocable beneficiary designation for spouses hoping to secure support payments using life insurance, Toronto wills and estates lawyer Elinor Shinehoft tells AdvocateDaily.com. Read more

Take proper steps to prove mental capacity in a will: Laredo

While the standards of mental capacity required to draw up a will are well known, a court challenge is always a possibility if the proper steps are not taken when it is being created, Toronto wills and estates lawyer Lisa Laredo tells AdvocateDaily.com. Read more

Good record-keeping key to tax-efficient cottage estate plan

In the second instalment of a four-part series on transferring ownership of the family cottage, Winnipeg wills and estates lawyer Cynthia Hiebert-Simkin discusses the cost of a cottage estate plan. Read more