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Wills, Trusts & Estates

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Wednesday, November 29, 2017 @ 10:38 AM

Ontario court allows parent charity to change its governance structure

A recent Ontario Superior Court of Justice decision highlights the importance of following corporate procedure, as well as judicial reluctance to interfere in board decisions made in accordance with a charitable corporation’s internal documents. ... [read more]

Monday, November 27, 2017 @ 9:35 AM

Pro Bono Ontario offers free legal advice over phone Pro Bono Ontario Hotline

After being in a soft-launch mode for 10 weeks, Pro Bono Ontario has officially launched its Free Legal Advice Hotline. ... [read more]

Friday, November 24, 2017 @ 8:44 AM

Judges urge changes to speed up discovery process, adopt technology Fred_Myers_and_Andrew_Peck

Judges on both sides of the Canada-United States border want to see more efficient discovery processes and more use of predictive coding/technology assisted review (TAR). ... [read more]

Tuesday, November 21, 2017 @ 11:06 AM

Make a Will Month provides an annual checkup for lawyers and the public Estate planning

According to a 2012 survey conducted by lawyers’ insurance company LawPRO, 56 per cent of Canadian adults do not have a signed will and 71 per cent do not have a signed power of attorney. The Ontario Bar Association hopes to tackle this issue during its public outreach campaign in November. ... [read more]

Friday, November 17, 2017 @ 9:32 AM

County of Carleton Law Association creates free online will registry Suzana Popovic-Montag sm

How do you find a will if you’re not sure one exists? ... [read more]

Wednesday, November 15, 2017 @ 9:28 AM

University can recoup pension payments over ‘unjust enrichment,’ court rules Tina Hobday

Carleton University won the right to reclaim nearly $500,000 in pension benefits made to a former political science professor who was missing for years before his remains were found in the woods near his Quebec home after the Quebec Court of Appeal held that the pension plan plainly states that the benefits ceased when the beneficiary died. ... [read more]

Tuesday, November 14, 2017 @ 9:20 AM

Retaining wills and estate planning documents: Welcome to my nightmare Wills nightmare

The obligation is onerous, the rules are numerous and there are many unanswered questions. For example, does the retention of original wills impose an obligation to read the obituary pages to determine if a client has died? Fortunately, there are steps that lawyers can take to make the task less scary. ... [read more]

Tuesday, November 07, 2017 @ 9:31 AM

Joint accounts continue to be the gift that keeps on giving (to estate litigators)

Ten years after the Supreme Court of Canada issued companion decisions on the ownership of joint accounts, the issue continues to divide families. Judges are now being asked to resolve more estate disputes than ever due to an aging population. ... [read more]

Tuesday, November 07, 2017 @ 6:01 AM

GIFTS - Inter vivos - Presumption of advancement - Parent to child - Rebuttal

Appeal by the Executor of the Chris Kyle Estate from an order in favour of the Executor of the John Kyle Estate. ... [read more]

Friday, November 03, 2017 @ 9:15 AM

Court of Appeal emphasizes deliverability element of gifts Andrew Keesmaat sm

The Ontario Court of Appeal upheld a lower court’s decision that a cheque given as a gift was not enforceable because it didn’t meet the element of deliverability. ... [read more]