Ethical Practices in Estate Law When Dealing with Elderly Clients
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Ethical Practices in Estate Law When Dealing with Elderly Clients

Navigating the complexities of elder abuse is paramount for lawyers in Canada, particularly when serving elderly clients. The unique vulnerabilities that accompany advanced age, coupled with the intricacies of legal matters such as estate planning and guardianship, create risk for potential exploitation and mistreatment. Lawyers must be acutely aware of the signs and risk factors…

Ontario Superior Court Rules That  Previously Revoked Will Can Be Revived With a “Holographic” Note

Ontario Superior Court Rules That Previously Revoked Will Can Be Revived With a “Holographic” Note

In the recent case of Estate of Harold Franklin Campbell (Re), 2023 ONSC 4315, the Ontario Superior Court of Justice concluded that the handwritten notes of the deceased served to revive his final will and testament. Facts Harold Franklin Campbell passed away on June 11, 2020, survived by his two children from his first marriage,…

Legal Limbo: Ontario Court Says No to Resulting Trusts – You Can’t Have Your Cake and Eat It Too!

Legal Limbo: Ontario Court Says No to Resulting Trusts – You Can’t Have Your Cake and Eat It Too!

In the recent case of Falsetto v. Falsetto, 2023 ONSC 1351[1], Justice Bell decides on the issue of whether a resulting trust can be established in a situation where property title is placed in a third party’s name, primarily to comply with the Planning Act[2]. This case highlights the importance of documenting intentions when transferring property to…

Navigating the Legal Landscape: Guardianship Laws and Regulations in Ontario

Navigating the Legal Landscape: Guardianship Laws and Regulations in Ontario

The Purpose of Guardianship Guardianship in Ontario grants legal authority to individuals to act on behalf of others incapable of decision-making due to reasons such as mental illness, developmental disabilities, or aging-related issues. The primary objective of Ontario’s guardianship laws is to ensure decisions made for the incapable person are in their best interests and…

Why is My Stepmother Getting All the Money? The Preferential Treatment of Spouses in Inheritances

Why is My Stepmother Getting All the Money? The Preferential Treatment of Spouses in Inheritances

“I know my father wanted to leave me something after he died.  Why does my stepmother get everything?” It is not uncommon for a lawyer to meet with a new or potential client who raises this issue, especially in the context of a blended family. Why does the law prioritize your parent’s spouse (who is…

BC Court Rules that Transfer of Estate Assets to Alter Ego Trust is Not Fraudulent 
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BC Court Rules that Transfer of Estate Assets to Alter Ego Trust is Not Fraudulent 

A recent decision from the British Columbia Supreme Court, Kramer v Kramer,[1]considered whether assets transferred to an alter ego trust should be returned to the deceased’s estate as a fraudulent conveyance to satisfy a wills variation claim. British Columbia is unique in Canada for the wills variation provision in the Wills, Estates and Succession Act…

My Dad Named Me as Executor of His Estate – What Do I Do If I Can’t Find His Will?
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My Dad Named Me as Executor of His Estate – What Do I Do If I Can’t Find His Will?

A Will is an important legal document; it ensures that your estate is protected, your beneficiaries are provided for, and your final wishes are respected. It also allows you to engage in estate planning to minimize probate fees and delays. Not having a Will results in your estate being distributed under the legislative regime in…