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Wills, Trusts & Estates

Latest

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]

Tuesday, October 31, 2017 @ 10:25 AM

Care must be taken preparing advance directives so patient's wishes are followed Living wills

The tragic case of Margot Bentley illustrates the need for living wills — which do not provide future consent — to include details on treatment, admission to a care facility and personal assistance services. ... [read more]

Thursday, October 26, 2017 @ 12:17 PM

Amended definition of 'child' in Ontario brings new challenges for estate lawyers In vitro fertilization

The legal definition of “child” has changed over the years. Once only a question of biology, the definition was, naturally, expanded to adopted persons. But with the advent of reproductive technology that permits sperm, eggs and embryos to be used in the future, new issues arose. ... [read more]

Wednesday, October 25, 2017 @ 2:27 PM

MLT Aikins hires three associates for Winnipeg office

There are three new associates in the Winnipeg office of MLT Aikins. ... [read more]

Friday, October 20, 2017 @ 11:28 AM

AGE-WELL network adds Vancouver facility

The Canadian Centre for Elder Law (CCEL) is now an AGE-WELL core facility. ... [read more]