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Wills, Trusts & Estates

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Monday, February 26, 2018 @ 9:24 AM

Automated legal services cost efficient, but can leave clients vulnerable, lawyers say Reesa Heft sm

The automation of legal documents seems like a straightforward solution for Canadians facing access to justice issues. However, lawyers caution clients turning to tech may be leaving themselves open to litigation as documents, such as contracts and wills, could lack important details. ... [read more]

Friday, February 23, 2018 @ 9:28 AM

Law Society of Ontario approves Ryerson law school program Peter Wardle sm

Ryerson University’s proposed law school has reached another benchmark in the approval process as the Law Society of Ontario (LSO) has backed the Federation of Law Societies of Canada’s (FLSC) preliminary endorsement of the program. ... [read more]

Thursday, February 22, 2018 @ 3:04 PM

Stewart McKelvey adds associate

David Constantine has been added as an associate at Stewart McKelvey’s office in St. John’s. ... [read more]

Thursday, February 22, 2018 @ 10:29 AM

From fraud to windfall: My saga with German heir searchers ancestry_website_sm

This story is a hybrid of: amateur cybersleuthing, antiquated website design, international estate law and precautionary paranoia. ... [read more]

Tuesday, February 20, 2018 @ 10:44 AM

Appeal sought in Chuvalo divorce case Kelley_Bryan_sm

The estranged wife of George Chuvalo is appealing a recent ruling that the Canadian boxing legend lacks the mental capacity to decide whether to reconcile with her. ... [read more]

Thursday, February 15, 2018 @ 12:58 PM

TRUSTS - Express trusts - Notice of - Breach of trust - Duty to provide information

Appeal from a judgment of the Alberta Court of Appeal that affirmed a decision concluding that Bird Construction Co. (Bird) had no duty to disclose the existence of a trust contained in a labour and material payment bond to Valard Construction Ltd. (Valard). ... [read more]

Thursday, February 15, 2018 @ 6:48 AM

CBA in midst of revamp; downsizing expected at national office TLD Exclusive

Unbeknownst to most of its rank-and-file members, the Canadian Bar Association (CBA) is poised for a dramatic retooling this year that could cut its fees, pare down its national staff and “non-core” national activities and redirect more cash and delivery of member services to its provincial and territorial branches, The Lawyer’s Daily has learned. ... [read more]

Wednesday, February 14, 2018 @ 9:03 AM

Wills: Why you should send clients detailed reporting letters will_report_sm

While the will itself is the product of the collaboration between lawyer and client, the reporting letter serves a separate purpose: it’s the record of the context. To the extent that the reporting letter documents the process of crafting the will, it can bolster validity, shield the lawyer from malpractice allegation and demonstrate the value that legal advice brings to the task. ... [read more]

Monday, February 12, 2018 @ 9:03 AM

More property in foreign jurisdictions complicates estate planning global_property_sm

In an increasingly global and mobile society, where people move between jurisdictions with relative ease, the number of people who acquire property in foreign jurisdictions, inherit foreign property from a relative, or own a foreign property and then move to Canada, is multiplying. While these developments may speak to the increasing prosperity and cosmopolitan nature of Canadian society, foreign property can create problems for families if proper planning is not put in place prior to the owner's death. ... [read more]

Wednesday, February 07, 2018 @ 11:19 AM

Snowbirds and the tangled web of cross-border estates crossborder_tax_sm

A Toronto executive was responsible for administering the estate of his uncle who had retired to Florida. The uncle died and held investment accounts worth millions with two U.S. brokerage firms. The nephew, recognized by the state of Florida as executor for the estate, worked with his uncle’s lawyer to file for probate in Florida under the formal administration process. Then he and his lawyer received a surprise — those U.S. investment firms wouldn’t take instructions from him. ... [read more]