Focus On

Wills, Trusts & Estates

Latest

Monday, November 04, 2019 @ 2:11 PM

Wills and estates firm Robinsons Law adds two associates

Robinsons Law announced that Hilary Van de Kamer and Arianne Sawh have joined the Toronto firm as associates. ... [read more]

Monday, November 04, 2019 @ 12:48 PM

McLachlin on A2J, climate change, sexual assault, AI, pro bono, lawyers’ ‘vital’ role Beverley McLachlin

The Charter may offer an avenue for combating climate change, former Chief Justice of Canada Beverley McLachlin says as climate litigation ramps up here and in the rest of the world. “I think the main obligation, constitutionally, for tackling this major problem rests with the federal government and the provinces — but courts are part of the picture because the [Charter s. 7] right to life, liberty and security of the person is something that all of us are entitled to, and climate change may tie into that,” Canada’s former top judge suggested in a wide-ranging LexisNexis Canada webinar on access to justice Oct. 10. ... [read more]

Monday, November 04, 2019 @ 9:47 AM

OBA focuses on education during Make A Will Month

A 2018 poll conducted by the Angus Reid Institute showed that a majority of Canadians don’t have a will. In Ontario, only 46 per cent of people have a last will and testament in place. Only 35 per cent say they have one that is up to date. ... [read more]

Monday, November 04, 2019 @ 8:46 AM

Fraudulent conveyance and Stone v. Stone: 18 years later money_behindback_sm

It has been 18 years since the Court of Appeal for Ontario decided Stone v. Stone 2001 55 O.R. (3d) 491. In this case the court characterized inter vivos gifts from a father to his adult children as a fraudulent conveyance because the gifts were intended to thwart a spouse’s entitlement under the Family Law Act. Let’s see how courts have applied this seminal case. ... [read more]

Thursday, October 31, 2019 @ 6:06 PM

ABSENTEES - Absence and disappearance

Appeal by the liquidator of Roseme’s estate from a decision of the Quebec Court of Appeal, affirming the trial decision which ordered restitution of pension payments made by Roseme’s former employer, Carleton University (Carleton). ... [read more]

Thursday, October 31, 2019 @ 5:00 PM - Last Updated: Friday, November 01, 2019 @ 10:42 AM

SCC rules on civil law’s ‘presumption of life’ that applies for first 7 years person is missing Chief Justice Richard Wagner

The Supreme Court of Canada has ruled 6-3 that a Quebec woman who inherited from her late ex-spouse must repay nearly half-a-million dollars in pension benefits his estate received while he was missing and presumed alive before his remains were found. The Oct. 31 majority decision co-authored by Chief Justice Richard Wagner and Justice Clément Gascon dismisses Lynne Threlfall’s appeal: Threlfall v. Carleton University 2019 SCC 50. ... [read more]

Thursday, October 31, 2019 @ 8:47 AM

Capacity for a will: The Banks test testator_capacity_sm

The test for testamentary capacity was established in Banks v. Goodfellow L.R., [1870] C.C.S. NO. 69, and has survived until the present day. While the case has endured as the benchmark of testamentary capacity, much due to the judicial foresight of Chief Justice Alexander James Edmund Cockburn, it has not been without criticism. It is hard to imagine Justice Cockburn foreseeing the depth of medical research into diseases such as Alzheimer’s, which we now rely upon in the present day, but the considerations he included in his test remain. ... [read more]

Wednesday, October 30, 2019 @ 8:22 AM

Proprietary estoppel: Promises made, promises broken lonesome_cowboy_sm

Justice Susan Woodley’s opening lines in Mulholland v. BMO Trust Co. 2019 ONSC 5785, are telling: “Few proceedings are as complicated, contentious, or costly, as an estate dispute amongst family members. This proceeding is no exception.” ... [read more]

Tuesday, October 29, 2019 @ 12:30 PM

Late filing of form T1135 in Moore v. The Queen Hands filling out form

Canadian residents, which include corporations and individuals, as well as certain partnerships or trusts that own specified foreign property (SFP) that has a cost of over $100,000 at any time during the year, must complete form T1135, the Foreign Income Verification Statement. ... [read more]

Tuesday, October 29, 2019 @ 12:20 PM

Clément Gascon reflects on 5 years at SCC; says access to justice ‘huge challenge’ for bar, bench TLD Exclusive

Lawyers could face mandatory pro bono obligations if they don’t rise to the “huge challenge” of facilitating civil access to justice for Canadians who can’t afford their services, newly retired Supreme Court of Canada Justice Clément Gascon tells The Lawyer’s Daily. ... [read more]