The term “fiduciary” does not get thrown around frequently outside of some advertisements for investment services. However, fiduciary relationships are at the heart of estate and trust law. What follows is a “Fiduciary FAQ.” What is a fiduciary? A fiduciary is a person who holds some right, power, or authority which, when exercised, impacts the…
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…
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…
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…
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…
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…
As estate lawyers, we are often asked how to avoid litigation after someone dies. While there is no way to guarantee that conflict will not arise after death, it is always helpful to have a plan; in other words, make a will. However, even if you have made a will, your job does not end…
For many, the greatest loves of their lives are their furry (or scaly) friends. As a result, there is often a strong desire to make sure they are properly cared for after the testator’s death. How to accomplish this is not always straightforward. In Ontario, animals are considered personal property. This means that you can…
This blog was written by Tyler Lin, Student-At-Law As all litigators know, there are two sides to every story. In the world of estate litigation, it is not uncommon for one side to view themselves as an invited guest entitled to remain in the family home while the other side views them as a squatter….
Many Canadians collect loyalty points with hopes of redeeming the points for various rewards including free air travel, hotels, gas, groceries, and cash. This year with international travel interrupted by COVID-19, many people’s plans to redeem their travel points have been put on hold. Other Canadians have amassed large collections of points over the years…