I frequently speak with potential will challengers, usually someone who has been omitted from the will, or received much less than other beneficiaries of the same relation to the deceased, like their siblings. ...
Last week, we brought you news about an urgent Court session that would be taking place in Ontario to address the question of whether a Wills and Powers of Attorney can be signed using Zoom (or a similar service)- with the testator and the witnesses in different...
The Superior Court in Ontario has agreed to hear an urgent case that addresses what has become a critical issue during the Covid-19 pandemic: can a Last Will be validly witnessed online, via Zoom, or a similar a video conference platform....
Henson trusts for persons with disabilities have long been an important way for Canadian families to provide for children or adults with physical challenges....
Many people are familiar with the obligations to provide support for a spouse and for children that can arise when two people separate. There is a fairly equal, but perhaps less well known, obligation for the Estate of a deceased person to provide financial support...
A common practice in Ontario that has allowed an Estate Trustee to get going with the management of an Estate, before the precise value of each asset is known, is to file an application for a certificate of appointment with best estimate values of certain...
This series of articles will cover the many stages that an executor (now also known as an "Estate Trustee") must pass through in managing the affairs of a deceased- from the immediate aftermath of death, to the final distribution of the Estate. Even if there...
Some might feel that being an Estate Trustee is an utterly thankless job. I'm here today to tell you that isn't totally accurate. Trustees are entitled to a small 'thank you' in the form of a tariff on the work they do. Unfortunately, calculating the size of...
Can Your Last Will and Testament Prevent Your Ex From Getting Child Custody After Your Death?...
The Ontario Estate Information Return has arrived and is here to stay. Effective January 1, 2015, every Executor or Estate Trustee who obtains a grant of probate (also known in Ontario as a certificate of appointment) must accurately complete a comprehensive 7 page report about the...
The Ontario Estate Information Return has arrived and is here to stay. Effective January 1, 2015, every Executor or Estate Trustee who obtains a grant of probate (also known in Ontario as a certificate of appointment) must accurately complete a comprehensive 7 page report about the...
A Power of Attorney for Personal Care is a document that sometimes gets referred to, or thought of, as a "living will" or "advanced care directive"....
Competing February 2016 rulings by Ontario courts have left us with real questions as to when a discriminatory Last Will and Testament will be upheld in this province....
Keep this in mind when drafting your Last Will and Testament. The law is very clear about the formal requirements that must be met for a Will to be validated. So, along with ensuring that your Will clearly articulates how you want your Estate's...
Drafting a simple, uncomplicated will may appear to be a routine task for most legal practitioners in comparison to “flashier” legal matters like messy divorces and high stakes litigation. ...
Our focus thus far in this week's series has been on the practical considerations in making an Ontario Power of Attorney for Personal Care. In this final instalment, we will now shift gears to look at the issues that can arise with end-of-life care decisions,...
As well-thought out and meticulously drafted as your Power of Attorney for Personal Care may be, it is ultimately only useful if it serves its purpose in your time of need. In order to be an effective tool that provides you and your loved ones...
Our focus thus far has been on the preliminary considerations in executing a Power of Attorney for Personal Care. With a clear understanding of what this legal instrument is, and the nature of decision-making it requires, our focus may now shift to the nuts and...
At the risk of stating the obvious, the individual named as your Attorney for Care should be someone who you trust. Keep in mind that this person is not only responsible for carrying out your expressed personal care wishes, but may also be called upon...
A Power of Attorney for Personal Care is a legal document that allows you to name someone you trust to make your personal care decisions when you are no longer in a position to do so yourself. In Ontario, an individual must be appointed...