Charity accuses executor of misappropriating $400k from estate
A charity’s pursuit of $400,000 in missing estate funds should remind testators just how important it is to choose the right executor. According to a recent CBC news story, the…
Don’t let ‘substantial compliance’ success breed complacency
The era of “substantial compliance” is well underway in Ontario. Just over two years after lawmakers at Queen’s Park passed Bill 245, the Accelerating Access to Justice Act – moving…
Dog’s future in limbo after owner’s death
Don’t forget your pooch when planning your estate. Many families regard their pets as full members, but only a small minority reflect this fact in their wills. In one recent case,…
Court halts POA sale of testamentary gift
Getting a will can protect your beneficiaries while you’re still alive, as a recent Ontario court case demonstrates. Before he was struck down with dementia, the 85-year-old man at the…
Deceased’s common-law spouse wins joint account battle against step-children
Testators should document their intentions when they set up joint bank accounts if they want to avoid a future estate battle over the funds. There are good estate planning reasons for…
Stepfamily growth calls for estate planning action
Estate planning should be a priority for Canada’s growing stepfamily population. With more and more people finding relationship success at the second or third attempt and welcoming their children into fresh…
Will ambiguity fuels estate litigation between siblings
Testamentary ambiguity is often the spark that ignites a court battle after the death of a loved one. Across the province, courthouse case lists are full of feuding relatives who…
Pre-death will challenge is premature
In my long career in estates law, I have learned to spot which wills are most likely to end up in court after the testator’s death. Wills governing larger…
Specific, not standardized language best for revoking beneficiary designations
Testators need to get specific if they want their will to revoke their beneficiary designations, according to Ontario’s Court of Appeal. In a recent decision involving a dispute among a deceased…
Age no barrier to a dependant’s support claim from children
When it comes to your estate, your kids don’t need to be minor to be dependants. Ontario’s Succession Law Reform Act allows dependants of the deceased to make a claim against…
