Focus On

Wills, Trusts & Estates


Wednesday, February 19, 2020 @ 8:39 AM

Loyalty programs, gift cards: Key points for estate planning reward_card_sm

Here are the key points and questions to ask clients regarding their favourite loyalty, travel reward or frequent shopper programs. ... [read more]

Tuesday, February 18, 2020 @ 9:07 AM

POWER OF ATTORNEY - Scope of authority

Appeal by the plaintiff finding the respondent did not owe the appellant a fiduciary duty under a power of attorney. ... [read more]

Tuesday, February 18, 2020 @ 9:04 AM

Boosting the rate of technology adoption | Aaron Baer

For many observers of the legal industry, the seemingly glacial change of innovation can be astounding. After all, it’s not unreasonable to wonder how the use of data analytics, process mapping or new technology within a law firm can be considered to be innovative. But the reality is that lawyers (and law firms) are often resistant to change. Being trained to identify all potential risks and being subject to a system that relies so heavily on precedent doesn’t exactly align itself well to change. And of course, there’s the incentive misalignment that will remain present in the legal profession so long as the billable hour reigns supreme. ... [read more]

Wednesday, February 12, 2020 @ 10:44 AM

Loyalty programs, gift cards: Impact on estate planning reward_card_sm

It might seem absurd to begin an estate planning conversation by asking a client about their favourite loyalty, travel reward, or frequent shopper program, but it might be the perfect introductory conversation to the digital asset aspects of the client’s estate plan. ... [read more]

Friday, February 07, 2020 @ 12:08 PM

Court of Appeal reviews ‘evidence of actual intention’ in mother’s will over cottage dispute David_Delagran_sm

The Ontario Court of Appeal has allowed an appeal in a family dispute over a cottage, which counsel involved in the case said illustrates “some of the perils” of succession planning for cottages. ... [read more]

Thursday, February 06, 2020 @ 9:35 AM

Properly structured trust can be useful for holding residential property home_inheritance_sm

A 2018 decision of the Quebec Court of Appeal in the case of Karam v. Estate of Yared 2018 QCCA 320 was extremely important for all spouses who are or may become subject to Quebec family patrimony law. In some circumstances, this decision has opened the door for spouses to own what would otherwise be considered a family patrimony asset through an inter vivos trust, thereby avoiding the legally mandated division of family patrimony assets on death. ... [read more]

Thursday, February 06, 2020 @ 7:07 AM

WILLS - Construction and interpretation - Testamentary intention

Appeal by the Estate of Ellery Muchmaker from the directions of the application judge regarding the purchase of a business. ... [read more]

Wednesday, February 05, 2020 @ 11:07 AM

Robot justice: China’s use of Internet courts Robotscales

Would it scare you if I said that China has been doing this since 2017? In December 2019, China has announced that millions of legal cases are now being decided by “Internet courts” that do not require citizens to appear in court. The “smart court” includes non-human judges, powered by artificial intelligence (AI) and allows participants to register their cases online and resolve their matters via a digital court hearing. ... [read more]

Wednesday, February 05, 2020 @ 9:44 AM

Whaley Estate Litigation Partners adds associate

Whaley Estate Litigation Partners (WEL) announced that Sareh Lua Ebrahimi is now an associate lawyer with the firm after her January 2020 call to the Ontario bar. ... [read more]

Tuesday, February 04, 2020 @ 2:45 PM

Dying with an IRA: Tax planning after U.S. changes U.S. dollar nest eggs

On Dec. 20, 2019, U.S. President Donald Trump signed into law the Setting Every Community Up for Retirement Enhancement (SECURE) Act. The purported intention of the SECURE Act is to provide greater access to tax-advantaged accounts and decrease the chances of outliving one’s assets. ... [read more]