Focus On

Wills, Trusts & Estates


Wednesday, October 14, 2020 @ 8:57 AM

Today’s executor is a digital executor digital_executor_sm

If the pandemic has done nothing else, it has immersed many of your clients in technology. Forced to shift “non-essential work” to telework and now reliant on technology to keep their social connections, your clients are likely hooked on tech like never before. ... [read more]

Tuesday, October 13, 2020 @ 9:31 AM

Trusts and estates partner joins Dentons in Edmonton

Dentons announced that Rhonda Johnson has joined its trusts, estates and wealth preservation group as partner in its Edmonton office. ... [read more]

Friday, October 09, 2020 @ 8:47 AM

What to do about sharp rise in self-represented litigants legal_headache_sm

Increased funding for legal aid to help with the dilemma of self-represented litigants (SRLs) isn’t in the cards — at least not anytime soon. ... [read more]

Thursday, October 08, 2020 @ 1:53 PM

Avoiding the tax bill on U.S. securities american_money_flying_sm

In order to provide clients with a well-rounded estate plan, it is critical to review a client’s statement of net worth, including the location of all assets. When stepping outside the Canadian border, different succession laws and tax regimes apply. ... [read more]

Wednesday, October 07, 2020 @ 2:35 PM

Choosing an executor: Who’s in charge? choosing_executor_sm

Making the choice of who will be your executor or advising clients on this issue is pivotal in the estate planning process. Surprisingly, there is no licensing for an individual person to act as an executor and no professional education or qualifying course, yet the role has enormous responsibility as well as liability, and is increasingly complex given changing laws and tax rules. ... [read more]

Tuesday, October 06, 2020 @ 12:21 PM

Techniques for making video trials fair videotrial1.jpg

As we enter the second wave in Ontario it is clear that COVID-19 has completely disrupted the way we administer criminal justice. The courts have been forced to embrace video technologies that have, quite embarrassingly, been used in other professions for decades. ... [read more]

Tuesday, October 06, 2020 @ 12:07 PM

Ottawa reintroduces key changes to legislation on medically assisted dying David_Lametti_sm

Facing a court-imposed deadline, Canada’s government has reintroduced proposed legislative changes to medically assisted death that would include removing the requirement a patient’s demise be reasonably foreseeable and adding new safeguards for such situations. ... [read more]

Monday, October 05, 2020 @ 3:22 PM

‘What do you mean I can’t get transcripts?’ cassette

Imagine you have just completed a 14-day trial by Zoom on behalf of your client. You did a bang-up job of presenting your case and an even better job of exposing the flaws in opposing counsel’s evidence. Nonetheless, the judge ruled against you. Never mind, that’s what appeals are for. Right? ... [read more]

Friday, October 02, 2020 @ 1:29 PM

In terrorem doctrine and no-contest clauses in wills: Part four warning_sign_sm

As we discussed in the third article in this series on litigating in the face of a no-contest clause in a will being challenged, Mawhinney v. Scobie 2019 ABCA 76, reaffirms that a no-contest clause will be invalid on the grounds of public policy if that clause: ... [read more]

Thursday, October 01, 2020 @ 8:37 AM

In terrorem doctrine and no-contest clauses in wills: Part three warning_sign_sm

In the decision of Mawhinney v. Scobie 2019 ABCA 76, the Alberta Court of Appeal had the opportunity to explore the law surrounding the in terrorem doctrine and no-contest clauses in the face of a seemingly procedural application. ... [read more]