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Wills, Trusts & Estates

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Thursday, August 23, 2018 @ 1:52 PM

Oversight of Humboldt crowdfunding money could mean similar legislation elsewhere, say lawyers David_Freedman_sm

Novel Saskatchewan legislation being used in overseeing the handling of money crowdfunded for victims of the Humboldt Broncos bus crash will likely lead to similar laws being created in other parts of Canada, lawyers say. ... [read more]

Thursday, August 23, 2018 @ 9:17 AM

Feds to change law on political activities by charities, appeal case ordering them to do the same Bradley Bryan, University of Victoria

The federal government has announced it will amend the Income Tax Act to allow charities to pursue non-partisan political activities — while simultaneously appealing a recent court decision that struck down restrictions on those activities as a Charter violation. ... [read more]

Tuesday, August 21, 2018 @ 8:34 AM

Getting pre-retirement death benefits when left out of the will pension_benefit_sm

At a time when mourning is already the prevailing emotion, it is not uncommon for clients to find out in the face of the death of their loved one that they have not been provided for in the deceased’s will or considered with respect to the deceased’s assets that pass outside the estate. Fortunately, the Succession Law Reform Act (SLRA) provides a statutory mechanism for a dependant to commence a dependant’s relief claim against the deceased’s estate and assets that pass outside the estate, for support where the deceased has not adequately provided for a dependant’s needs. ... [read more]

Wednesday, August 15, 2018 @ 10:54 AM

Cross-border estate administration: It’s complicated canada_america_sm

When an individual dies, many issues can arise in the administration of their estate. This is true no matter the nature of their assets, their net worth, or their personal situation. When a deceased person had cross-border connections to the United States and Ontario or any province or territory in Canada, many other issues can arise which can complicate the administration of their estate. In this series of articles, we will discuss common issues that can arise when estates have connections on both sides of the border. ... [read more]

Tuesday, August 14, 2018 @ 8:39 AM

Troubleshooting an eldercare law practice: Executors and warring in-laws family_argument_sm

For the first article in this series I talked about capacity. I turn now to two other pressing issues: choice of executors and warring in-laws. ... [read more]

Friday, August 10, 2018 @ 8:55 AM

From guardians to financial support: Putting a pet clause in the will pets_will_sm

I had no idea, when I first got a dog, what a responsibility it would be. Six months, an emergency room visit and six thousand dollars later, I learned that pet insurance would be a good idea. I also learned not to leave socks around a puppy. So, when I drafted my power of attorney for property, I thought about my dog. ... [read more]

Thursday, August 09, 2018 @ 11:25 AM

Ontario Court of Appeal struggles with testatrix’s intentions for sale of family farm Gemma Charlton sm

In a 2-1 decision, the Ontario Court of Appeal has dismissed the appeal of a brother against trustees of a parent’s estate in a clash over the family farm. Counsel said the decision highlights the importance of will drafting.   ... [read more]

Tuesday, August 07, 2018 @ 9:07 AM

Troubleshooting an eldercare law practice: Testamentary capacity mind_capacity_sm

I was recently asked what the three most pressing issues in my solicitor's estates practice were. My short answer was testamentary capacity, choice of executors and warring in-laws. ... [read more]

Friday, August 03, 2018 @ 9:28 AM

Family torn apart by incapacity, ownership, living gift issues family_fight_sm

When great wealth is at stake, families are time and again torn apart. In 2018, the Ontario Superior Court of Justice presided over a particularly vicious case involving three siblings, their elderly mother, a sophisticated game-playing spouse, and Mattamy Homes (Rubner v. Bistricer 2018 ONSC 1934). ... [read more]

Tuesday, July 31, 2018 @ 9:22 AM

B.C. Appeal Court: Lower court ruling on construction liability ‘unsatisfactory, if not unjust’ Michael Morgan, Lawson Lundell LLP

The B.C. Court of Appeal has ruled the builder of a home that had a number of defects was still liable for repair costs despite the property’s ownership changing hands and the previous owner paying for the repairs, a decision the plaintiff’s lawyer says is important as it illustrates that a wrongdoer should not be able to “get off the hook” for carelessness due to a transaction that look place after the wrong occurred. ... [read more]