trusts & estates law


  • Estates bar navigates competing decisions

    Estates bar navigates competing decisions

    Dec 3, 2018

    An Ontario Superior Court of Justice judge last week granted the appointment of estate trustees for a will, going against a recent decision by his colleague.

  • Pressure to find missing beneficiaries

    Pressure to find missing beneficiaries

    Oct 22, 2018

    When a beneficiary of an estate is missing, it puts pressure on the executor to do what is reasonable to find them before seeking relief through the courts to ensure that the executor or estate trustee is not liable.

  • Importance of preparing will be emphasized

    Importance of preparing will be emphasized

    Oct 22, 2018

    When a person dies without a will, a complicated legal process can ensue, say lawyers.

  • Factor digital assets into estate planning

    Factor digital assets into estate planning

    Oct 22, 2018

    Digital accounts and digital assets for communication, relationships, entertainment and media are now commonplace for many people, and some of that, including wealth, could be lost without proper estate planning, say lawyers.

  • Benjamin orders and estates

    Oct 22, 2018

    Estate trustees have several obligations and duties to the beneficiaries and the deceased including the fiduciary duty to fulfil the intentions and carry out the administration of the estate of the testator, as outlined in their last will and testament.

  • Clarity needed in estates after divorce

    Clarity needed in estates after divorce

    Oct 22, 2018

    The failure to clarify spousal status following divorce and update a will can create confusion and may lead to conflict when it comes to the distribution of assets following death.

  • Ruling could affect thousands of wills

    Ruling could affect thousands of wills

    Sep 24, 2018

    A judge with the Ontario Superior Court of Justice decided the validity of two nearly identical wills this month, finding that one of the wills was invalid because in leaving the assets to the discretion of the trustees it failed to “describe with certainty” any property that is subject to the will.

  • New elder law section will address aging population

    New elder law section will address aging population

    Jun 4, 2018

    Members of the Ontario Bar Association’s nascent elder law section say its emergence was an inevitable reaction to the country’s aging population.

  • Costs awards in estate litigation need scrutiny

    Apr 30, 2018

    Estate litigation matters are becoming more and more expensive. Clients are required to foot the bill for medical expert reports and examinations of solicitors.

  • Elder financial abuse a pressing issue

    Elder financial abuse a pressing issue

    Feb 26, 2018

    The investment industry must act now to get ahead of the growing problem of elder financial abuse, according to one of the authors of a major new study on the subject.

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