Estate Law
Estate Law
The Supreme Court of British Columbia highlights the importance of solicitor-client privilege in De Cotiis Estate. The lawyer representing one of the estate’s beneficiaries, made numerous references to privileged documents in various court documents. The deceased’s former lawyer and executor brought an application to prevent the deceased’s son from continuing to use privileged documents in…
In the recent Court of Appeal decision, Ihnatowych Estate v Ihnatowych, 2024 ONCA 142, the court held that under the common, law, the courts can rectify deficiencies and errors in a Will. The courts should be concerned with a testator’s intentions not being followed because of errors or deficiencies in a Will. Re Estate of…
Ontario law operates on the presumption that adults possess the capacity to make decisions unless proven otherwise. An individual is deemed incapable of decision-making if they fail to comprehend the pertinent information related to the decision at hand, or if they lack an understanding of the consequences associated with either making or abstaining from making…
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…
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,…
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…
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…
“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…
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…
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…