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Wills, Trusts & Estates

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Friday, February 01, 2019 @ 9:26 AM

Multijurisdictional and separate situs estate planning global_houses_sm

Our clients are increasingly mobile and often have connections to multiple jurisdictions. This mobility often entails property ownership in a foreign jurisdiction — clients retain property in their country of origin after they become resident in another jurisdiction or Canadian residents purchase vacation homes in other locations or inherit property abroad. ... [read more]

Thursday, January 31, 2019 @ 1:12 PM

Cox & Palmer names seven new partners at four offices

Cox & Palmer announced that Geoff Breen (Halifax), Cindy Cameron (Summerside, P.E.I.), Matt Dorreen (Halifax), Steve Forbes (Charlottetown), Richard Norman (Halifax), Nick Ouellette (Saint John) and Mohammad Ali Raza (Halifax) have been named partners. ... [read more]

Thursday, January 31, 2019 @ 12:40 PM

Successful Milne decision appeal a comfort to estate law practitioners wills_looking_sm

The Divisional Court released its decision on the Milne appeal on Jan. 24, 2019, (Milne Estate (Re) 2019 ONSC 579). The court asserted that the premise upon which the application judge’s decision was based — namely that “a will is a form of trust” — is not correct as a matter of law. The court observed that a will may contain a trust, but that this is not a requirement for a valid will. Instead, a will is simply an instrument which, subject to certain formalities of execution, provides for the disposition of a person’s property on death. ... [read more]

Wednesday, January 30, 2019 @ 12:25 PM

Blaney McMurtry adds tax, estates lawyer as partner

Blaney McMurtry announced that Sunita Doobay has joined the firm as a partner. ... [read more]

Wednesday, January 30, 2019 @ 9:54 AM - Last Updated: Wednesday, January 30, 2019 @ 12:53 PM

Experts give insights into pros and perils of a virtual law firm Lisa Stam

Lisa Stam had a good six-and-a-half year run practising employment, labour, pension and human rights law at Baker McKenzie in Toronto from 2007 to 2014. But over that time, she noticed a change in client expectations regarding legal services. ... [read more]

Friday, January 25, 2019 @ 4:19 PM - Last Updated: Friday, January 25, 2019 @ 4:58 PM

Supreme Court rules ‘Henson’ trust does not limit disabled beneficiary’s access to social assistance Michael_Feder

In a positive decision for persons with disabilities, the Supreme Court of Canada has pronounced for the first time on the discretionary “Henson trusts” long used to set aside money or property for the benefit of persons with disabilities in a way that doesn’t jeopardize the trust beneficiaries’ eligibility for means-tested social assistance. ... [read more]

Friday, January 25, 2019 @ 2:34 PM

RESIDENTIAL TENANCIES - Tenancy agreement - Rent - Amount of rent

Appeal by S.A. from a judgment of the British Columbia Court of Appeal amending a decision denying the order sought by Appellant directing the Metro Vancouver Housing Corporation (MHVC) to refund the difference between the market rent and the subsidized rent of her apartment. ... [read more]

Wednesday, January 23, 2019 @ 9:33 AM

Recognition of ‘lived identity’ an access to justice, wills and estates issue, experts say Kate Hazell

Many infants born in Canada have, through their parents, the right to a gender-neutral birth certificate. The same is not true for Canadians who die. Vital statistics legislation across Canada was amended between 2012 and 2017 to remove the requirement for individuals to undergo gender confirmation surgery in order to change their gender on various documents including birth certificates. ... [read more]

Wednesday, January 23, 2019 @ 9:13 AM

Marriage contracts and the right of survivorship marriage_contract_sm

To what extent is a solicitor obliged to make inquiries and make clear to his client that the reasonable expectations that his client may have arising from a proposed transaction may in fact be frustrated by the actions of the other party? ... [read more]

Tuesday, January 22, 2019 @ 8:51 AM

Even death doesn’t stop the limitation period stop_watch_sm

In the recent case of Lee v. Ponte 2018 ONCA 1021, the Ontario Court of Appeal was presented with a dilemma: Can an estate trustee extend the time to bring a claim that arose prior to the deceased’s death? ... [read more]