our 10th year
blog anniversary
Testamentary freedom – the freedom to dispose of your estate as you wish – is a longstanding principle in Canada and other common law jurisdictions, although each province and territory in Canada has its own governing legislation as well as its own developing caselaw. In contrast, forced heirship is the
In January of this year, our blog “New Year, New Estate Laws Are Here,” summarized the substantive changes to Ontario estate and trust law which came into effect on January 1, 2022. These changes were significant, and we expected significant litigation to go along with them. So far, this abundance
I recently had the pleasure to participate in a webinar for the Canadian Legal Innovation Forum on contemporary drivers, trends and disruptive forces in estates practice and how estate lawyers are evolving their practices to meet them. One of the topics addressed in our panel discussion was generational and societal
As clients are becoming more and more mobile, it is common to have assets all over the world which leads to multi-jurisdictional estate administration on the mobile client’s death or incapacity. There are international treaties that try to make things easier and connect all these jurisdictions. One of these international
Increasingly, people and their assets have connections to several jurisdictions, rather than just one as in times past. Over the course of a lifetime, many of us will leave a trail behind us of real estate, bank accounts, investment accounts, retirement savings plans and pensions, as well as beneficiaries and
It is a well-established principle from the Supreme Court of Canada’s 2007 decision, Pecore v Pecore, that there is a presumption of a resulting trust where a gratuitous transfer of property is found. The primary example is when an asset is put into joint names by a parent with an
There have been a lot of great songs written about change. Like a broken heart, it’s a universal theme, and an essential part of our human experience. One of my favourites is “Video Killed the Radio Star” by The Buggles. (Fun fact – this was the first music video to
On an intestacy (when a person dies without a will), each Canadian province and territory provides for a mandatory scheme to distribute a deceased person’s property, which is typically between their surviving spouse and children, if any, and alternately to other relatives. Some provinces and territories provide a spouse with
“Why do I need a will?” – a question we hear from many clients new to estate planning. It is usually followed up by a list of reasons why clients think they don’t need a will, which can range from believing they are too young and don’t have anything of
Major legislative changes in estate law are rare. However, we appear to be on the cusp of just such a change in Ontario. On February 16th, the Ontario Government introduced the Accelerating Access to Justice Act, 2021. Bill 245 has passed first reading and been referred to the Standing Committee on