our 10th year
blog anniversary
In November of 2023, I wrote about Ontario’s topical “validating” provision – section 21.1 of the Succession Law Reform Act (SLRA) – and whether it might risk “emboldening those seeking self-help remedies.” More than a year later, the case law has continued to evolve on this provision, and I feel
What does the law say about your autonomy to make gifts, whether during your lifetime or on death under your will? When will the law intervene, and when will it step aside? This issue is of increasing importance in our aging society where many of us will live well into
Wills can take many forms, for example, Cecil George Harris’s historic will, etched onto a panel of farm machinery under which he was trapped and later succumbed to injury, or the Court of Appeal for Ontario’s 2022 finding that a suicide note was a valid will. While the technical legal
Typically, we tend to think of the beneficiaries of an estate under a will as being individuals or organizations: family members, friends, and charities. These beneficiaries usually receive their gift outright or through a trust created under the will (i.e., a testamentary trust). However, for those who have created trusts
“When Should You Have a Local or Separate Situs Will or Power of Attorney?” Many of our readers, especially business owners, may be familiar with the concept of having multiple wills in the same jurisdiction, where each will governs different classes of assets—usually used to avoid paying estate administration tax
Now that we are well and truly into calendar 2024, we have the benefit of hindsight. Here are four important Ontario Court of Appeal decisions on trust and estate matters as well as the 2023 “Case of the Year.” Four important Court of Appeal decisions While the Supreme Court of
Effective January 1, 2022, the Succession Law Reform Act (SLRA) was amended to include section 21.1, permitting Court-ordered validity of an otherwise deficient Will. The language of subsection 21.1(1) reads as follows: “If the Superior Court of Justice is satisfied that a document or writing that was not properly executed
Most of us have heard of the “KISS” principle, which stands for “keep it simple, stupid.” The natural assumption is that simple equals short and sometimes this is true, but not always. When it comes to legal documents such as Wills and trusts, the devil is in the details, and
Your Will is an expression of your last wishes and sometimes, as circumstances and family dynamics change, you will need to update your Will to reflect these changes. But these updates should not be taken lightly and, if not done properly, can put your entire estate plan in jeopardy. This
This blog is a nod to all of our clients who think they are appointing us (their lawyer/attorney) as their “attorney” for property. We’ve put together this helpful resource of important legal terms in the Ontario estate and trust planning context. We hope this is a helpful tool or refresher
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