Categories
- Capacity
- Costs
- Court Procedure
- Estate Administration
- Estate Litigation
- Capacity Litigation
- Contested Passing of Accounts
- Court Applications to Interpret a Will or Trust
- Court Applications to Remove an Executor / Estate Trustee
- Court Applications to Vary a Trust
- Dependant’s Relief Claims
- Estate Trustee During Litigation
- Guardianship Applications
- Other Claims & Remedies Against Estates
- Solicitor’s Negligence
- Spousal Elections
- Will Challenges
- Estate Mediation
- Estate Planning
- Family Cottage
- Forms of Relief
- In The News
- Joint Assets
- Legal Resources
- Limitation Period
- Mediation
- Power of Attorney
- Trusts
- Uncategorized
- Valuation of Estate Assets
What Does it Mean to Have Capacity?
Legal capacity can be a difficult concept to understand. For those who are concerned about a loved one’s ability to care for herself or to make financial decisions, the answer to the question of whether their loved one has capacity may seem obvious. Forgetfulness, confusion, and even mild dementia are often viewed as indicative of…read more
The Man with Two Lives: a complicated intestacy
Background – The Man with Two Lives The deceased, Michael Widner, died unexpectedly in 2017. He was the victim of a homicide. In the words of Duncan J., he left behind a “complicated legacy”. At the time of his death, he was married to both the defendant, Sabrina Widner, and was also in a…read more
Involving the PGT in Guardianship and Estate Matters
Guardianship and estate disputes often present complex family dynamics touching upon a myriad of issues. Where the interests of an incapable adult are involved in litigation, the office of the Public Guardian and Trustee (the “PGT”) becomes involved. By way of background, the PGT functions in accordance with the Public Guardian and Trustee Act and…read more
Can I Charge My Brother Rent For Living in Dad’s Home?
In many estates, the family home is the most valuable asset. It can also be the most costly to maintain – mortgage payments, utilities, property taxes, and insurance all have to be kept current until the house is sold. Unfortunately, selling the deceased’s house is a lot more complicated when there is someone living in…read more
20 Notable Cases of 2020
It’s that time of year again. Birds are singing, trees are blossoming, and spring is just around the corner. With 2020 fully in the rear-view mirror, now is the perfect time for a review of 20 notable cases decided in that year. (Okay, it’s technically 23 cases, but who’s counting?) The Sherman Estate trilogy: Our…read more
If My Spouse Died Without a Will, Do I Inherit the Whole Estate?
When a person dies without a Will, or “intestate”, the division of that person’s estate in Ontario is governed by the Succession Law Reform Act (“SLRA”). When a legally married (not cohabiting) spouse dies without a Will, the surviving spouse does not necessarily inherit all of the estate under the SLRA. The distribution depends on…read more
Part II – Best Practices on Digital Estate Asset Planning
Dear Readers, As you might recall, last Monday’s blog was about cautionary tales which demonstrate the need for prudent estate planning regarding one’s digital assets. I ended that blog on the suggestion that until Ontario accepts the changes proposed by the Canadian Uniform Law Commission’s Uniform Access to Digital Assets by Fiduciaries Act, it is…read more
Cautionary Tales on Digital Estate Asset Planning
The Age of Digital Assets A collage of from the artist Mike Winkelmann, better known as Beeple, has recently sold for $69 million dollars. This marks the first purely digital work of art ever offered by a major auction house. However, what was sold is not art in the traditional sense. There are numerous copies…read more
A Tale of Two Suicide Notes
2020 was an unusual year. Not only was there a global pandemic, but by sheer coincidence there was not one, but two estates applications in different provinces to determine whether a suicide note was a valid will. While the suicide note in Ontario was not found to be a valid Will, the one in British…read more
Compensation for Attorneys for Personal Care
Today’s blog was written by Tyler Lin, student-at-law Good Deeds Deserve Fair Rewards: Daniel Estate (Re) and Ontario’s Common Law Scheme for Compensation for Attorneys for Personal Care Last year, I wrote a blog exploring the theme of whether bad deeds deserve punishment in dependant support claims (the answer: not always). This blog explores whether…read more