de VRIES LITIGATION LLP had the pleasure of attending and presenting at the 29th Estates and Trusts Summit on October 20, 2026. The program canvassed a wide range of timely issues for estate litigators. Below is a brief overview of some of the discussions that stood out: AI and Privilege Peter Askew, Miller Thomson LLP,
A grantor may appoint more than one person as attorney under a power of attorney and may specify whether those attorneys are to act jointly or “jointly and severally”. Where attorneys are appointed jointly, they must make decisions together and are collectively responsible for each other’s actions. By contrast, a joint and several appointment permits
The validity of powers of attorney can be challenged on the basis that the grantor was incapable when she signed the power of attorney. The requisite capacity to grant a power of attorney for property is set out in s. 8(1) of the Substitute Decisions Act, 1992, SO 1992, c. 30 (the “SDA”) which provides
We see a lot of guardianship disputes in the estate litigation world. Typically, a guardianship application arises when an individual lacks capacity to manage his or her property and/or personal care, and there is no power of attorney in place to make financial and/or personal care decisions on behalf of that incapable person. In such
In an effort to encourage Ontarians to think ahead and create Power of Attorneys, the Office of the Public Guardian and Trustee (OPGT) recently launched a video series all about Power of Attorney documents and their use. This new video series aims to increase awareness about Powers of Attorney, including the basics of what they
