trusts & estates law


  • 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.

  • Judge calls for culture shift on consent motions

    Judge calls for culture shift on consent motions

    Feb 26, 2018

    Will challengers in Toronto could face a higher bar to obtain disclosure after an estates list judge called for a culture shift away from generic consent motions for directions that enable fishing expeditions by disgruntled beneficiaries.

  • Life support case raises questions for lawyers

    Life support case raises questions for lawyers

    Dec 11, 2017

    An Ontario judge has ordered costs personally against a lawyer who brought an emergency application to stop a hospital from taking her client off life support, despite having no instructions from him or his family to do so.

  • Need to retain original wills emphasized

    Need to retain original wills emphasized

    Nov 27, 2017

    An Ontario judge has found that a deceased woman, who had a $7-million estate, did not mean to revoke her will that made a retirement home’s foundation her beneficiary.

  • Estates in joint names opens up problems

    Estates in joint names opens up problems

    Oct 23, 2017

    An increasing number of estates are being put into joint names, in many cases as a means of avoiding probate taxes. Unfortunately, this can also mean that those estates become vulnerable, and the assets can be taken advantage of by the joint holder.

  • Lawyers can help stop abuse of power of attorney

    Lawyers can help stop abuse of power of attorney

    Oct 23, 2017

    Cases of elder abuse resulting in criminal charges have proven to be rare, and lawyers say that it’s frustrating when police don’t take matters seriously.

  • Issues highlighted with long-term care

    Issues highlighted with long-term care

    Oct 23, 2017

    The murders of eight residents in nursing homes in Southwestern Ontario by nurse Elizabeth Wettlaufer has prompted the Ontario government to launch an inquiry into the safety and security of residents in the long-term care homes system.

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