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Abatement: What to do if there are insufficient assets in the estate to follow the testator's wishes; a cautionary tale

Abatement: What to do if there are insufficient assets in the estate to follow the testator's wishes; a cautionary tale

Abatement: What to do if there are insufficient assets in the estate to follow the testator's wishes; a cautionary tale Abatement is the reduction of some or all of the gifts in an estate because there are insufficient assets to cover all [...]
Hope v. Martin, 2011 ONSC 5447 (CanLII)

Hope v. Martin, 2011 ONSC 5447 (CanLII)

Hope v. Martin, 2011 ONSC 5447 (CanLII) What do you do when the estate trustees renounce and the lawyer holding the original Will won’t release it to you? Justice Brown addressed this issue in deciding Hope v. Martin, 2011 ONSC 5447. Th[...]
Be Wary of What You Ask For

Be Wary of What You Ask For

Be Wary of What You Ask For Courts have the power to order assessments of a person’s capacity to manage their property and/or personal care. Such an order is often necessary in situations where there is a dispute as to the “degree” of inca[...]
Advertising for Creditors - Still Worth Doing?

Advertising for Creditors - Still Worth Doing?

Advertising for Creditors – Still Worth Doing? Summary: Why do we tell our client estate trustees to advertise for creditors – is it truly a step that still needs to be taken? Estate Trustees are usually advised to publish a proper adve[...]
Capacity to Make a Gift

Capacity to Make a Gift

Capacity to Make a Gift There are many areas of capacity relevant to estate law, one such area is the capacity to make a gift.  For a gift to be valid there must be the following: the donor must have the intention to make a gift; the[...]
Memorial Jewellery - From Ashes to Diamonds?

Memorial Jewellery - From Ashes to Diamonds?

Memorial Jewellery – From Ashes to Diamonds? After cremation, most people think of ashes being “sprinkled,” held in an urn, or interred. One client recently told me she noticed an advertisement for what struck her as an odd but interesting[...]
"A stitch in time saves nine"

"A stitch in time saves nine"

"A stitch in time saves nine" Most people have been part of or have heard about the increased awareness of the issues facing the elderly whether vulnerable, capable or not.  Most however, are not aware of section 331 of the criminal code. [...]
Estate Planning and Second Marriages

Estate Planning and Second Marriages

Estate Planning and Second Marriages With many couples, one or both spouses have had previous marriages or common law relationships. For many reasons, these couples’ estate planning instructions are not usually the traditional “all to my s[...]
Do you think you are too young to have a will?

Do you think you are too young to have a will?

Do you think you are too young to have a will? No adult is too young to have a will.  Whether you have significant assets or not, it is likely you want to decide for yourself who receives your estate. For all those couples ‘living in si[...]
Protecting Your Business Legacy

Protecting Your Business Legacy

Protecting Your Business Legacy Summary: Business Succession Planning for Families and Generations to Come There were two interesting articles in Canadian Capital magazine regarding business succession planning: “Third Generation Jinx” [...]
Can you find yourself to be incapable and then argue that you're not?

Can you find yourself to be incapable and then argue that you're not?

Can you find yourself to be incapable and then argue that you're not? In M. Re, M believed that he was not managing his money properly as he ran out every month and asked to be assessed. He was found not capable of managing property becaus[...]
Promise to Bequeath and Dependant Support Claims

Promise to Bequeath and Dependant Support Claims

Promise to Bequeath and Dependant Support Claims A review of the court of appeal decision in Cowderoy v. Sorkos Estate, 2014 ONCA 618 In 2012 Justice Tausendfreund found a deceased had made a promise to bequeath his farm and cottage to [...]
The Importance of Not Keeping Secrets - the Sherman Hemsley Saga

The Importance of Not Keeping Secrets - the Sherman Hemsley Saga

The Importance of Not Keeping Secrets - the Sherman Hemsley Saga Sherman Hemsley of "the Jeffersons" famous TV program died of lung cancer in El Paso, Texas, July 24 2012 but wasn't buried for months to a bizarre estate dispute, a situatio[...]
Revocation of a Power of Attorney

Revocation of a Power of Attorney

Revocation of a Power of Attorney In the British Columbia case of Houston v. Houston (2012 BCCA 300), it was questioned whether two valid powers of attorney for property could be used simultaneously or if a new one revoked the former. Dr. [...]
Is a Gift of Real Property Really a Gift?

Is a Gift of Real Property Really a Gift?

Is a Gift of Real Property Really a Gift? In Bradford v Lyell, 2013 SKQB 330 (CanLII) , the court reviewed the Pecore decision and considered whether an express statement in a Will can undo a transfer to joint tenancy. Many years before[...]
No Heroic Measures Clauses – putting your end of life decisions in writing

No Heroic Measures Clauses – putting your end of life decisions in writing

No Heroic Measures Clauses – putting your end of life decisions in writing Did you know that if you do not have a prior capable wish concerning your end of life decisions and you are not capable of making the decision yourself your doctor [...]
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