Estates / Wills / Trusts
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Testing the waters of s. 72(1)(d) of the Succession Law Reform Act

By David M. Smith and Nick Esterbauer Many of our readers will be aware that on an application for dependant’s support under Part V of Ontario’s  ... Read more

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New decision offers hope to multiple will holders

Multiple will holders have new hope that their testamentary documents will be upheld after a Superior Court judge went against a colleague’s decision by granting a ... Read more

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Warning signs – will your family fight over your estate?

By Suzana Popovic-Montag No one can predict the future with 100 per cent certainty – but we all have the ability to “read some signs” to make educated ... Read more

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Smith brings cool head to estate litigation

Problem-solving is the name of the game for Toronto estate litigator  David M. Smith .  After more than two decades at the bar, Smith, partner with   Hull ... Read more

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Joint accounts between parents and children spur estate litigation

Parents should resist the temptation to set up joint accounts with their children, Toronto trust and estate litigator  Felice Kirsh tells  AdvocateDaily.com . Kirsh, ... Read more

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No new wills after testamentary capacity lost

Family members create problems for themselves when they encourage a person to sign a new will after they’ve lost testamentary capacity, Brampton lawyer-linguist  ... Read more

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Choose the right executor for your estate

By Lisa Laredo One of the many important decisions you need to make when  making a will  is choosing an executor for your estate. This is the person who will wind ... Read more

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What you should know about powers of attorney for personal care

In the final instalment of a two-part series on powers of attorney,  Toronto wills and estates lawyer Elinor Shinehoft discusses POAs for personal care. Laypeople can ... Read more

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Avoid emotional family disputes by pre-arranging funeral, writing a will

A dispute between siblings over where their deceased mother’s body should be buried brings up issues around the advantages of making your funeral wishes known, ... Read more

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Does your elderly parent need help?

By Ian Hull It’s a situation shared by many – you have a single elderly parent living alone. They’ve always been able to handle their day-to-day needs, with ... Read more

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Without a will, family often left with unintended consequences

Dying without a will may have unintended consequences on one’s family members, Toronto wills and estates lawyer  Matthew Urback tells Law Times . Urback, an ... Read more

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Resealing of foreign orders appointing guardians

By David M. Smith and Yasmin M. Vinograd In some cases, an incapable person residing outside of Canada has assets in Canada. Can a guardian appointed outside of ... Read more

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Pope to discuss estate planning for children with special needs

Ottawa disabilities and estate planning lawyer  Kenneth Pope  will host a webinar and Q&A session discussing estate planning for people with disabilities as well as ... Read more

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Supreme Court of Canada clarifies unjust enrichment test

A ruling by the Supreme Court of Canada offers clarity on the test for unjust enrichment,   says Toronto estate litigator  David M. Smith   who acted for the ... Read more

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Seek legal advice to ensure charity bequest is smooth, efficient

When leaving a bequest to a charitable organization in your will, it’s important to seek legal advice to ensure your gift is dealt with properly, Cornwall wills and estates ... Read more

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Common sense needed when dealing with POAs: Urback

While it’s important to ensure powers of attorney properly deal with a grantor’s wishes, fear of potential fraud can stymy the whole process, Toronto litigator  ... Read more

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Body donation and the limits on testamentary wishes

There are limits to what can be done with one’s body after death, Toronto wills and estates lawyer  Matthias Duensing writes in The Lawyer’s Daily . ... Read more

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Consequences of not having a will far outweigh the cost of drafting one

Creating a will can be overwhelming — hence why many people put it off — but Toronto trusts and estates lawyer  Daniel Bernstein tells his clients not to think ... Read more

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Benjamin order can protect trustee if there's a missing beneficiary

When a beneficiary of an estate remains missing following reasonable searches, there are some approaches estate trustees can take to protect themselves, Toronto-area estates ... Read more

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The great estate – five ways to make it happen

By Suzana Popovic-Montag As estate litigators, we’ve seen a lot of bad estates and bad estate situations. The good news is because we know the bad, we can advise ... Read more

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