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Posts Categorized: Estate Planning
29 ResultsThe Sherman Murders At the Supreme Court: Balancing Privacy with Openness
Almost three years ago today, billionaire couple Barry and Honey Sherman were found murdered in their North York mansion. Their murderer(s) remain at large. In an unusual move, their probate files were sealed to protect the safety, privacy and dignity of the trustees and beneficiaries of their estates. This decision was appealed and now the…read more
The Father of My Children: Court-Ordered Paternity Testing
This blog was written by Tyler Lin, student-at-law In the Quebec case of Adoption – 091, Dubois J. made reference to the Latin maxim: “Mater semper certa est, pater incertus,” which means: the mother is always certain, but the father, uncertain. This phrase sums up the historical treatment of paternity before the relatively recent advent…read more
‘Leave Them A Buck And They Can’t Challenge Your Will’ – Nope, Not That Simple
A common myth about estate planning is that if you leave a nominal amount (say $1.00) to someone it prevents them from challenging your will. Like most urban legends, there is a grain of truth here – but it’s still a myth. This grain of truth is that one of the grounds to challenge a…read more
My Sister Died Without a Will – What Happens Now?
A will allows an individual to decide in advance who will administer her estate and who will receive her assets when she dies. Testamentary freedom is guaranteed to all Canadians, meaning we are free to choose who will benefit from our estates: family members, friends, pets, charities, or our favourite sports team. (Note that most…read more
Stuart v. Stuart: When Spouses “Separate” Due to Changing Medical Needs
Separation for medical reason affects married spouses whom are forced to live apart due to one’s changing medical needs or deteriorating health. In Stuart v. Stuart, 2019 ONSC 4328, the Ontario Superior Court of Justice was asked to assess how a physical separation due to a spouse’s admission to a long-term care facility impacts the…read more
Testamentary Freedom – A Fundamental Right?
Whether testamentary autonomy is a constitutionally protected right has not been considered by the courts … until now. The rules of testamentary succession (i.e. wills and estates) are governed by provincial law. While each province and territory has its own set of statutes, most have imposed some requirements that the deceased make “adequate provision” for…read more
Supreme Court Blesses Henson Trusts
The Supreme Court of Canada has given its blessing to Henson Trusts (fully discretionary trusts set up to not impact the beneficiary’s social assistance benefits) in S.A. v. Metro Vancouver Housing Corp., 2019 SCC 4. I previously blogged about this case when it was before the Court of Appeal. The Metro Vancouver Housing Corporation (the…read more
Milne Estate (Re)visited
The decision of Milne Estate (Re) (“Milne”) caused a stir among the members of the estates bar and solicitors who draft wills, going so far as to illicit an alert from LawPRO. While the Milne decision (which is under appeal) has garnered a great deal of attention and commentary from lawyers (including Justin de Vries’…read more
SO I DUB THEE INVALID
As Justice Dunphy queried to start Milne Estate (Re), 2018 ONSC 4174, “[i]s a will that grants the executors the discretion to determine what property is subject to the will a valid will?” For the reasons that follow, the answer is no. Background John Douglas Milne (“John”) and Sheila Marlyn Milne (“Sheila”) both passed away…read more
Baby boomers set to receive the largest intergenerational wealth transfer in Canadian history
A new report this month by CIBC Capital Markets estimates that Canadians between the ages of 50 and 75 will receive a record $750 billion in inheritance in the next decade. They’ll receive it thanks to the growing number of Canadians over the age of 75 – the cohort has been calculated at just over…read more