If an individual whose capacity is in issue in proceedings under the Substitute Decisions Act (“SDA”) does not have counsel, the court may direct the Public Guardian and Trustee (“PGT”) to arrange legal representation for that person. Pursuant to section 3 of the SDA, the alleged incapable person is deemed to have capacity to retain
OoooooooooOOO! It is the scariest clause around; more frightening to beneficiaries than a killer Santa “clause”. Also called a no-contest clause, an in terrorem clause translates literally to “in fear” in Latin. In the estate planning context, it is a clause which forces or prohibits beneficiaries from doing something, using the fear of a loss
Anybody with a sibling can tell you. Nobody gets under your skin quite like a brother or a sister can. When it comes to care in their old age, many parents will name multiple children as their attorneys for property or personal care. The sentiment is understandable. Parents may not want certain children to feel
In Canada, at the end of a court proceeding, a judge will often order one party (usually the loser) to pay a portion of the other party’s costs. Costs are awarded at the judge’s discretion. As set out in s. 131 of the Courts of Justice Act, RSO 1990, c C.43: “… the costs of
Many have heard of undue influence but it is often in the context of a will challenge. That is to say, an argument is made that a testator’s last will and testament is not valid because someone influenced the testator. The influence must be such that the testator was no longer acting with free will:
